Federal Defenders of New York Second Circuit Blog

United States v. DeLaRosa, No. 12-4188-cr (2d Cir. Dec. 20, 2013) (Cabranes, Wesley, and Livingston) (summary order), available here DeLaRosa was convicted of conspiring with John Brooker and others to distribute drugs in Vermont “and elsewhere” from 2006 to “on or about June 16, 2009.” On appeal, he argued principally that the district court erred by … Read more

United States v. Gonzalez, No. 12-5075-cr (2d Cir. Dec. 20, 2013) (Pooler, Parker, and Wesley) (summary order), available here Gonzalez was convicted of conspiracy to distribute and possess with intent to distribute cocaine base. He argued on appeal that the evidence was insufficient to prove his guilt. But the Circuit affirmed, holding that the testimony of … Read more

United States v. Harry, No. 12-3623-cr (2d Cir. Dec. 19, 2013) (Pooler, Parker, and Wesley) (summary order), available here Convicted of threatening to harm the family of a United States Probation Officer, the defendant was sentenced principally to 46 months of imprisonment. He argued on appeal that the district court should have ordered a competency hearing … Read more

UNITED STATES V. JOHNSON, NO. 12-5094-cr (2D CIR. DEC. 16, 2013) (KATZMANN, WINTER, AND CALABRESI) (SUMMARY ORDER), AVAILABLE HERE The defendant in this appeal challenged his sentence as procedurally and substantively unreasonable. He pleaded guilty to being a felon in possession of firearms and received 3 years’ prison. At sentencing, the district court compared him … Read more

UNITED STATES V. NUNEZ, ET. AL., NO. 11-5019-cv (2D CIR. DEC. 16, 2013) (LIVINGSTON, LYNCH, AND HOHIER) (SUMMARY ORDER), AVAILABLE HERE The defendant in this appeal challenged his sentence as procedurally unreasonable.  Specifically, he claimed that the district court erroneously denied him safety valve relief, held him responsible for 5 to 15 kilograms of cocaine, … Read more

UNITED STATES V. AGUIAR, ET. AL., NOS. 11-5262-CR (L), 11-5329-CR (CON), 11-5330-cr (CON) (2D CIR. DEC. 13, 2013) (JACOBS, POOLER, AND HALL), AVAILABLE HERE The Court in this published opinion denied defendant’s multiple claims of error by the district court arising out of Rule 12 and post-trial motions. The most predominant issue involved the government’s … Read more

United States v. Coston, No. 12-4622-cr (2d Cir. Dec. 10, 2013) (Katzmann, Winter, and Calabresi), available here Nothing new here: This per curiam decision merely holds that the defendant knowingly and voluntarily waived his right to appeal and that his appeal waiver is therefore enforceable. In his plea agreement, the defendant promised not to appeal any … Read more

UNITED STATES V. LAURIA (PAPPAS), NO. 13-269-cr (2D CIR. DEC. 10, 2013) (LIVINGSTON, CARNEY, AND KOELTL) (SUMMARY ORDER), AVAILABLE HERE The Court in this summary order rejected for lack of jurisdiction a defendant’s appeal from a magistrate judge’s order denying various post-trial motions.  The Court noted that a magistrate judge’s general authority is derived from 18 U.S.C. § … Read more

United States v. Punn, No. 13-2780-cr (2d Cir. Dec. 6, 2013) (Pooler, Lynch, and Droney), available here Today’s summary comes courtesy of Francisco Celedonio, a noted criminal defense attorney and member of the Federal Defenders’ Board of Directors: Punn holds that an order denying a motion to quash grand jury subpoenas directed at third parties (on … Read more

United States v. Grimm, et al., Nos. 12-4310-cr; 12-4365-cr; 12-4371-cr (2d Cir. Dec. 9, 2013) (Kearse, Jacobs, and Straub), available here As we previously reported (at this link), on November 26, 2013, the Court issued a one-page order reversing the conspiracy convictions of Peter Grimm, Dominick Carollo, and Steven Goldberg. The order stated that an opinion … Read more