Federal Defenders of New York Second Circuit Blog

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

United States v. Crandall, No. 12-3313-cr (2d Cir. Apr. 10, 2014) (Walker, Cabranes, and Parker), available here This summary was provided by noted criminal defense attorney Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Crandall was convicted after a jury trial of being a felon … Read more

United States v. Miles, No. 13-1158-cr (2d Cir. Apr. 10, 2014) (Wesley, Carney, and Rakoff) (per curiam), available here This summary was prepared by noted criminal defense attorney Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Defendant Miles appealed his conviction and sentence as a … Read more

UNITED STATES V. ROSARIO, NO. 12-3963 (2D CIR. APR. 2, 2014) (WESLEY, CARNEY, AND RAKOFF) (SUMMARY ORDER), AVAILABLE HERE The defendant in this case appealed his jury conviction for conspiracy to distribute and possession with the intent to distribute heroin.  He argued that the evidence was insufficient to support the conspiracy conviction and that other errors denied … Read more

Here’s a quick summary of noteworthy summary orders recently issued by the Circuit: United States v. Davis, No. 12-4836-cr (2d Cir. Apr. 2, 2014) (Katzmann, Livingston, and Carter) (summary order), available here The Circuit rejected Davis’s argument that the district court improperly sentenced him as a “career offender.” The district court, using the “modified categorical approach” … Read more

United States v. Harvey, No. 12-1490-cr (2d Cir. Mar. 26, 2014), available here Harvey was convicted after a jury trial of one count of illegal re-entry into the United States after he was deported. He argued on appeal that the evidence was insufficient to prove his physical departure from the United States. The Circuit affirmed. To prove … Read more

United States v. Annabi, Nos. 12-4988-cr(L), 12-4990-cr(Con) (2d Cir. Mar. 25, 2014), available here This published decision holds that where the government fails to invoke an applicable forfeiture provision in the indictment, and fails to correct that error prior to entry of a final judgment, forfeiture must be limited to that authorized by the statute … Read more

United States v. Gupta, No. 12-4448-cr (2d Cir. Mar. 25, 2014) (Newman, Kearse, and Pooler), available here Rajat K. Gupta, a former director of The Goldman Sachs Group, was convicted, after a jury trial, of three counts of securities fraud and one count of conspiracy to commit securities fraud, based on insider trading. He was sentenced … Read more

United States v. Bussey, No. 13-1180-cr (2d Cir. Mar. 20, 2014) (Raggi, Lynch, and McMahon), available here This summary was prepared by noted criminal defense attorney Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Bussey appealed his conviction for violating the terms of his … Read more

PIERRE V. ERCOLE, NO. 12-3506-PR (2D CIR. MAR. 27, 2014) (SACK, LIVINGSTON, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE This case involved an ineffective assistance of counsel claim following defendant’s murder conviction.  The defendant argued that his defense lawyer was ineffective for not calling a particular witness at trial and for failing to investigate a possible witness.  The Court disagreed … Read more