United States v. Moore, Nos. 12-1644-cr(L), 12-1654-cr(CON) (2d Cir. Jan. 17, 2014) (Jacobs, Lohier, and Droney) (summary order), available here Moore appealed his 120-month prison sentence for Hobbs Act robbery and related crimes. He argued that the district court committed plain error by upwardly departing from the Guidelines range without proper notice, in violation of Fed. … Read more
United States v. Hatala, No. 13-613-cr (2d Cir. Jan. 15, 2014) (Calabresi, Raggi, and Droney) (summary order), available here Convicted of fraud in connection with identification information, see 18 U.S.C. § 1028(a)(7), Hatala was sentenced to 30 months in prison. This summary order affirms the sentence as procedurally and substantively reasonable. First, the district court properly … Read more
United States v. Clark, No. 12-1221-cr (2d Cir. Jan. 17, 2014) (Newman, Winter, and Droney) (summary order), available here This summary order holds that the district court properly refused to suppress evidence found following a 911 call. (As discussed below, the Court issued a separate, published decision in this same case reversing one of Clark’s convictions … Read more
United States v. Clark, No. 12-1221-cr (2d Cir. Jan. 17, 2014) (Newman, Winter, and Droney), available here This published decision holds that the trial evidence was insufficient to support the defendant’s conviction for possession of cocaine. Judge Droney dissents. In response to a 911 call reporting that some men had just left a bar in … Read more
United States v. Kurti, No. 12-3503-cr (2d Cir. Jan. 16, 2014) (Winter, Straub, and Hall) (summary order), available here This summary was provided by noted criminal defense attorney Francisco Celedonio, who also serves on the Board of Directors of Federal Defenders of New York, Inc.: This summary order affirms a sentence imposed upon resentencing, after a seven-year … Read more
United States v. Shand, No. 13-227-cr (2d Cir. Jan. 13, 2014) (Pooler, Parker, and Wesley), available here This summary has been provided by noted criminal defense attorney Francisco Celedonio, who also serves on the Board of Directors of Federal Defenders of New York, Inc.: In this illegal reentry case under 8 U.S.C. § 1326(a) and (b)(2), … Read more
United States v. Vasquez Macias, No. 12-3908-cr (2d Cir. Jan. 14, 2014) (Pooler, Raggi, and Wesley), available here The defendant, a citizen of Honduras, was convicted after a jury trial of being “found in the United States” illegally after he was deported from the United States, in violation of 8 U.S.C.§ 1326(a). The Circuit reversed the … Read more
United States v. Razzoli, No. 13-126(L) (2d Cir. Dec. 23, 2013) (Raggi, Chin, and Droney) (summary order), available here Convicted of willfully and forcibly interfering with the performance of duties of Deputy United States Marshals, the defendant appealed pro se. The Court rejected all eight of his arguments: First, the district court properly denied the defendant’s … Read more
United States v. Morris, No. 12-4796-cr (2d Cir. Dec. 23, 2013) (Pooler, Parker, and Chin) (summary order), available here The defendant violated supervised release by leaving the judicial district without permission. He was sentenced to 14 months of imprisonment, the top of the advisory range, and a new 22-month term of supervised release. The Circuit held … Read more
United States v. Isola, No. 12-3484-cr (2d Cir. Dec. 23, 2013) (Pooler, Parker, and Chin) (summary order), available here Convicted of wire fraud, the defendant claimed that the district court committed by plain error by not allowing him to present evidence concerning the negligence of the financial institutions he defrauded. He argued that the evidence was … Read more