Federal Defenders of New York Second Circuit Blog

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

UNITED STATES V. PALMA, NO. 13-2230-CR (2D CIR. MAR. 27, 2014) (SACK, LIVINGSTON, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE This defendant claimed that the sentencing court committed procedural error by failing to articulate the reasons for the sentence imposed and not addressing the 3553(a) factors.  On plain error review, the first challenge failed.  The Court explained that … Read more

UNITED STATES V. DELGIORNO, NO. 13-625-CR (2D CIR. MAR. 27, 2014) (STRAUB, SACK, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE This defendant appealed his sentence and claimed that the sentencing court committed procedural error by failing to calculate the guidelines, properly consider the 3553(a) factors, and adequately explain the sentence imposed.  All challenges failed.  The district court calculated … Read more

United States v. Glenn, No. 13-0231-cr (2d Cir. Mar. 12, 2014) (Jacobs, Livingston, and Lynch), available here Glenn appealed from an order of the District of Connecticut revoking his supervised release. The district court concluded that Glenn committed “another federal, state or local offense” in violation of the conditions of his supervised release, based solely … Read more

United States v. Lucas, Nos. 12-4840-cr(L), 13-0743(Con), 13-1075(Con) (2d Cir. Mar. 17, 2014) (Parker, Lynch, and Droney) (per curiam), available here This published (and, therefore, precedential) decision reiterates what the Circuit had previously held only in non-precedential summary orders: that USSG 5G1.3(b) and 18 U.S.C. 3584 empower district courts to run sentences concurrently only to “undischarged” terms … Read more

Tellado v. United States, No. 11-3227-pr (2d Cir. Mar. 12, 2014) (Hall, Livingston, and Berman), available here This published decision affirms the denial of petitioner’s Section 2255 motion to vacate his sentence. The Court held that petitioner knowingly waived his right to collaterally attack his sentence and that the district court properly denied petitioner’s motion to … Read more

United States v. Chibuko, No. 12-0039-cr (2d Cir. Mar. 7, 2014) (Katzmann, Kearse, and Wesley) (per curiam), available here This published decision offers guidance on the procedures to be followed before a district court may impose consecutive sentences for multiple counts of aggravated identity theft, 18 U.S.C. 1028A. Chibuko was convicted at trial of various fraud … Read more

United States v. Anderson (Hakimi), No. 11-5364-cr (2d Cir. Mar. 4, 2014) (Hall, Carney, and Scheindlin), available here A jury convicted Roohid Hakimi of conspiracy and attempt to possess and distribute controlled substances. After the verdict, the district court (Judge Hurd) entered a judgment of acquittal, holding that the evidence was insufficient to establish guilt. This … Read more

United States v. Taylor, Nos. 11-2201(L), 11-2426(CON), 11-2639(CON) (2d Cir. Mar. 4, 2014) (Kearse, Jacobs, and Carney), available here In this published decision, the Circuit granted the government’s petition for panel rehearing and withdrew its original opinion vacating the convictions of all three defendants. Unfortunately for the government, the Court, on rehearing, not only again vacated the defendants’ … Read more

United States v. Lee, No. 13-1432-cr (2d Cir. Feb. 27, 2014) (Wesley, Droney, and Abrams) (summary order), available here This summary was provided by noted criminal defense lawyer Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: In this summary order, the Circuit upheld a decision … Read more