Federal Defenders of New York Second Circuit Blog

Sentence Imposing Imprisonment is Final Even if the Amount of Restitution is Undetermined; Pro Se Litigant’s Third 2255 Motion Deemed Successive Petition

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The Second Circuit issued two opinions today. UNITED STATES v. TULSIRAM, No. 14-2483 (2d Cir. March 7, 2016)(Cabranes, Parker, and Lynch). The Circuit addresses two issues in this case: the first concerns its jurisdiction to review a judgment of conviction that imposes a sentence of imprisonment and restitution but leaves the restitution undetermined; the second, … Read more

Second Circuit Hears “Deflate-gate Case”

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No criminal decisions out of the Second Circuit today, although the court did hear arguments today in the infamous “deflate-gate case” and did not seem receptive to the arguments made by the N.F.L. Player’s Union. Two interesting local criminal justice stories today: First, a look at the plan to stop arresting people in Manhattan for … Read more

A Rare Sufficiency Win, On Transaction Structuring Counts

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United States v. Taylor, No. 14-360-cr (March 2, 2016) (Droney, with by Pooler and Lohier) The Circuit affirmed a cocaine conspiracy conviction over a constructive amendment claim, but vacated a conviction for transaction structuring on sufficiency grounds, holding that no rational juror could have found the requisite intent to evade currency reporting requirements just from … Read more

Good Faith Reliance on Search Warrant Required Reversal of Suppression Order

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United States v. Raymonda, No. 13-4899-cr (2d Cir. Mar. 2, 2013) (Walker, Lynch, and Chin), available here Someone using defendant’s IP address accessed thumbnail images of child pornography on the Internet. More than nine months later, government agents obtained a search warrant for defendant’s  home and discovered over 1,000 files of child pornography. The district court … Read more

Miscalculation Of Mandatory Minimum That “Has An Impact” On Sentence Is Plain Error

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United States v. Sanchez, No. 11-2429-CR (2d Cir. Dec. 4, 2013) (Cabranes, Straub, and Livingston), available here Defendant pleaded guilty to possession with intent to distribute more than 1 kilogram of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), an offense that carries a 10-year mandatory minimum.  The government filed a prior felony … Read more

Appeal from Supervised Release Revocation Not Rendered Moot By Completion of Prison Sentence

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United States v. Wiltshire, No. 13-3590-cr (2d Cir. Dec. 1, 2014) (Kearse, Straub, and Wesley), available here The district court found that defendant violated her supervised release by making false statements to her probation officer and by leaving the district of her supervision without permission. She was sentenced to 90 days in custody, to be … Read more

Defendant Not Entitled To Suppression Of Evidence Obtained In Violation Of Wife’s Substantive Due Process Rights

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United States v. Anderson, No. 13-4152-CR (2d Cir. Nov. 24, 2013) (Parker, Lynch, and Carney), available here Following a traffic stop of defendant’s car, Vermont state troopers arrested defendant’s wife Crystal, a passenger, believing that she had drugs hidden on her person. The troopers brought Crystal to the state police barracks, handcuffed her to a chair, … Read more

Plain Error For District Court To Consider Non-Shepard Documents In Determining Whether Prior Offenses Were Committed On “Different Occasions” Under ACCA

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United States v. Dantzler, No. 13-2930-cr (2d Cir. Nov. 14, 2014) (Cabranes, Carney and Droney), available here The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates a 15-year minimum sentence for certain firearms offenses if a  defendant “has three previous convictions … for violent felony or a serious drug offense, or both, committed on occasions different … Read more

Acceptance of Guilty Plea to Gun Charge Based on Different Weapon From the One Specified in the Indictment Was Not Plain Error

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United States v. Bastian, No. 13-1156-cr (2d Cir. Oct. 29, 2014) (Katzmann, Sack, and Lynch), available here Defendant pled guilty to conspiracy to distribute crack cocaine and to possessing a firearm in connection with that drug-trafficking offense (18 U.S.C. § 924(c)(1)). But the plea to the gun charge was based on the possession of a different weapon … Read more