United States v. Ganias, No. 12-240-cr (2d Cir. June 17, 2014) (Hall, Chin, and Restani), available here Yesterday, the Circuit handed down what Professor Orin Kerr has already called “a very important new Fourth Amendment case.” In an opinion by Judge Chin, the Court held that the government violates the Fourth Amendment when it indefinitely retains computer files that were seized … Read more
United States v. Taylor, No. 11-2201-cr(L) (2d Cir. May 23, 2014), available here The saga of this Hobbs Act prosecution continues. In December 2013, a panel of the Court (Judges Kearse, Jacobs, and Carney) issued an opinion, available here, vacating the three defendants’ convictions relating to a conspiracy to rob a pharmacy in Manhattan. The panel … Read more
United States v. Medunjanin, No. 12-4724-cr (2d Cir. May 20, 2014) (Kearse, Wesley, and Droney), available here Adis Medunjanin was convicted, following a jury trial, of nine terrorism-related crimes involving a plan to carry out coordinated suicide bombings in the New York City subway system. He was sentenced to life plus 95 years of imprisonment. The … Read more
United States v. Kerr, No. 11-5462-cr(L) (2d Cir. May 16, 2014) (Kearse, Parker, and Hall), available here After being charged with possessing MDMA with intent to distribute, Kerr ceased communicating with — and then fired — his two appointed attorneys, insisted on pressing several “ill-advised theories of defense,” and underwent a competency examination that ultimately … Read more
United States v. Lockhart, No. 13-0602-cr (2d Cir. May 15, 2014) (Katzmann, Straub, and Lohier), available here This appeal required the Court to decide the meaning of 18 U.S.C. § 2252(b)(2), which mandates a ten-year minimum term of imprisonment for a defendant who possesses child pornography and was previously convicted “under the laws of any State relating to aggravated … Read more
United States v. Gill, No. 12-2207-cr (2d Cir. May 7, 2014) (Katzmann, Winter, and Calabresi), available here Section 1326(a) of title 8, U.S.C, makes it a felony for an alien who was previously deported from the United States to reenter this country without the consent of the Attorney General to reapply for admission. But, assuming certain procedural requirements are … Read more
United States v. Yousef, No 12-4822-cr (2d Cir. Apr. 29, 2014) (Sack, Lynch, and Lohier), available here Jamal Yousef pled guilty to one count of conspiracy to provide material support to a foreign terrorist organization (18 U.S.C. 2339B). Judge Keenan sentenced him to 12 years in prison. On appeal, Yousef argued, as he had before pleading … Read more
United States v. Corbett, No. 11-3678-cr (2d Cir. Apr. 29, 2014) (Katzmann, Winter, and Calabresi), available here What evidence is sufficient under the Lindbergh Law, 18 U.S.C. § 1201(a), to convict a defendant of “holding” a victim against the victim’s will? The circuits disagree. The Fourth and Eleventh Circuits, for example, say that a defendant who … Read more
United States v. Griffiths, No. 13-2102-cr (2d Cir. Apr. 25, 2014) (Cabranes, Lynch, and Lohier) (per curiam), available here Griffiths was tried before a jury on charges of making false statements, obstructing justice, and committing mail fraud. At the close of the evidence, his attorney suffered two strokes. The district court, instead of postponing trial indefinitely … Read more
United States v. Allen, No. 13-0296-cr (2d Cir. Apr. 16, 2014) (Pooler, Parker, and Wesley), available here Allen pled guilty to transporting, receiving, and possessing child pornography. At sentencing, the district court ruled that Allen’s prior New York State conviction for Sexual Abuse in the Second Degree, N.Y. Penal Law 130.60(2), subjected him to increased penalties … Read more