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
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