United States v. Esso, No. 11-570-cr (2d Cir. June 27, 2012) (Walker, Lynch, Droney, CJJ) The published opinion in this case is a short and fairly unremarkable decision holding that the district court did not err in allowing the members of a deliberating jury to take the indictment – it charged conspiracy to commit wire … Read more
United States v. Sekhar, No. 11-4298 (2d Cir. June 26, 2012) (Jacobs, Parker, Hall, CJJ) Defendant Skhar was convicted of Hobbs Act extortion and the interstate transmission of extortionate threats based on a particularly bizarre set of facts. He was a managing partner of a tech company into which the New York State Comptroller was … Read more
Here are the court’s three most recent per curiams. In United States v. Deida, No. 11-2272-cr (2d Cir. June 20, 2012) (Winter, McLaughlin, Chin, CJJ) (per curiam), the court affirmed a life sentence under the federal “three strikes” statute, 18 U.S.C. § 3559(c). The court rejected the defendant’s argument that the statute violates the principle … Read more
Matthews v. United States, No. 10-0611-pr (2d Cir. June 14, 2012) (Kearse, Cabranes, Straub, CJJ) Petitioner Michael Matthews was convicted of a 2006 bank robbery and received a life sentence under the federal “three strikes” statute, 18 U.S.C. § 3559(c). After exhausting his direct appeals, he filed a 2255 motion alleging, amongst other things, ineffectiveness … Read more
United States v. D’Amelio, No. 09-2541-cr (2d Cir. June 13, 2012) (Raggi, Hall, Chin, CJJ) This opinion provides some helpful clarification of the confusing precedents that try to differentiate between a constructive amendment to the indictment – which, in this circuit at least, requires reversal without a showing of prejudice – and a variance. Background … Read more
There has been a recent flurry of interesting summary orders. Enjoy! United States v. Wilke, No. 11-1122-cr (2d Cir. May 31, 2012), contains an interesting discussion of the double jeopardy implications of being convicted of both tghe receipt of and the possession of the same images of child pornography. The court, which has never decided the issue, notes … Read more
United States v. Gowing and Scheringer, Nos. 10-4037-cr, 11-683-cr (2d Cir. June 6, 2012) (Winter, Straub, Lynch, CJJ) (per curiam) The court’s latest per curiam looks at 18 U.S.C. § 3147, which enhances the sentence of a person “convicted of an offense committed while on release.” The underlying case involved a massive oil contract fraud … Read more
United States v. Decastro, No 10-3773 (2d Cir. June 1, 2012) (Jacobs, Hall, Lynch, CJJ) In 2002, Angel Decastro moved from Florida to New York to help run his father’s dry-cleaning business. After a violent confrontation with a customer, Decastro requested a handgun license application from the NYPD. He did not submit it, however; he … Read more
United States v. Carthen, No. 10-4817-cr (2d Cir. May 23, 2012) (Winter, McLaughlin, Cabranes, CJJ) Defenant Tyrone Carthen appealed the government’s reliance on hearsay at his supervised release violation hearing. The circuit, finding no error, affirmed. Carthen was charged with violating his supervised release by beating and threatening his ex-girlfriend, Marquita Cox. The matter was … Read more
United States v. Batista, No. 10-3284-cr (2d Cir. May 17, 2012) ( Kearse, Cabranes, Sack, CJJ) Louis Batista, a former New York City police officer, was convicted by an Eastern District jury of participating in a longstanding drug distribution ring based in Bushwick, Brooklyn. This long opinion affirms this conviction and sentences, as well as … Read more