Federal Defenders of New York Second Circuit Blog

Second Circuit finds that VICAR murder may categorically qualify as a crime of violence

by

This week, in United States v. Davis, No. 21-1486-cr (2d Cir. July 18, 2023), the Circuit holds that murder in aid of racketeering (also known as “VICAR murder”), 18 U.S.C. § 1959(a)(1), may categorically qualify as a “crime of violence” for purposes of 18 U.S.C. §§ 924(c) and 924(j)(1). In Davis, the defendant argued that … Read more

Application of the Maritime Drug Law Enforcement Act (“MDLEA”) to foreign conspirators who were never on the high seas, and where neither the defendants nor the scheme have a nexus to the United States, does not violate Due Process or Article I.

by

In United States v. Antonius, No. 21-1083 (2d Cir. July 10, 2023) (Calabresi, Lynch, and Robinson), the Second Circuit affirmed the convictions of three land-based foreign nationals for conspiracy to traffic drugs on the high seas using a stateless vessel where neither the defendants nor the conspiracy had any connection to the United States. The … Read more

Circuit vacates condition of supervised release that limited defendant to possessing only one “Internet-capable device,” which the Probation Department could search at any time.

by

In United States v. Salazar, No. 22-1385-cr (2d Cir. July 6, 2023) (Livingston, Chin, Kahn) (summary order), my colleague Sarah Baumgartel persuaded the Circuit that the District Court committed reversible error by imposing a special condition of supervised release that prohibited the defendant from possessing more than one “personal Internet-capable device” and authorized the Probation … Read more

Guilty of money laundering? Not so fast.

by

The federal money-laundering statute, 18 U.S.C. § 1956(a)(1)(B)(i), makes it a crime for any person, “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity,” to conduct or attempt to conduct “such a financial transaction which in fact involves the proceeds of specified unlawful activity … knowing … Read more

Statute of limitations for habeas corpus claims requires a claim-by-claim approach.

by

In Clemente v. Lee, No. 21-279-pr (2d Cir. July 5, 2023) (Pooler, Sack, and Park), the Circuit, deciding an issue of first impression for this Court, held that the statute of limitations for a habeas corpus petition, 28 U.S.C. § 2244(d)(1), requires a claim-by-claim approach — meaning that each claim raised in the petition must be … Read more

By a 6-3 vote, the Supreme Court holds that a federal prisoner who has already filed (and exhausted) a motion under 28 U.S.C. § 2255 can’t file another postconviction motion to raise a claim of legal innocence based on an intervening statutory-interpretation-decision of  the Supreme Court.  Section 2255(h) bars second or successive 2255 motions based on non-constitutional claims; and the “saving clause” of § 2255(e) doesn’t authorize a petition for a “writ of habeas corpus,” under § 2241, for claims barred by § 2255(h). Jones v. Hendrix, Sup. Ct.  21-857, __U.S.. __  (June 22, 2023).

by

Thomas, J.,  delivered the Court’s opinion. Sotomayor and Kagan, JJ., filed a dissenting opinion. Jackson, J.,  filed a dissenting opinion. Background In 2000, petitioner Marcus DeAngelo Jones was convicted of two counts “of unlawful possession of a firearm by a felon, in violation of 18 U. S. C. § 922(g)(1)” and sentenced to 327 months’ … Read more

The Second Circuit holds that, despite the erroneous jury instructions defining the “crime of violence” required for a § 924(c) conviction — allowing the jury to convict the Petitioners based on predicate offenses that didn’t necessarily require the actual or threatened use of force — the Petitioners failed to show that the instructional errors “resulted in prejudice that would entitle them to the relief they [sought] under 28 U.S.C. § 2255.” Nardino Colotti, et al. v. United States, Nos. 21-932(L), 21-937(CON), 21-950(CON), 21-992(CON), 21-1548(CON), __ F.4th ____ (2d Cir. June 21, 2023) (C.J.J.’s Leval, Parker, Menashi).

by

Background This is an appeal from a district court judgment denying the Petitioners’ motions, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct their convictions under 18 U.S.C. § 924(c).  The Circuit affirms the district court. The Petitioners were convicted after a jury trial — conducted “in late 2005 and early 2006″ … Read more

Supreme Court holds that a defendant tried in an improper venue may be retried if the conviction is overturned on that ground.

by

In Smith v. United States, decided June 15, 2023, the Supreme Court ruled that if a defendant is successful in showing that their trial was held in an improper venue, the government is nonetheless permitted to retry them in the proper venue. The Court reasoned that nothing in the language or history of either the … Read more