United States v. Litwok, No. 10-1985-cr (2d Cir. April 30, 2012) (Livingson, Lohier, CJJ, Koeltl, DJ) An Eastern District jury convicted defendant Evelyn Litwok of one count of mail fraud, and three counts of tax evasion – for the years 1995, 1996 and 1997. The circuit found the evidence legally insufficient to support the conviction … Read more
United States v. Williams, No. 11-324-cr (2d Cir. May 17, 2012) (McLaughin, Parker, Wesley, CJJ) On this government appeal, the circuit reversed a district court order that suppressed a Mirandized statement, after finding that it was the product of an illegal “two-step” interrogation. Robert Williams was arrested in a Bronx apartment in which law enforcement officers executed … Read more
United States v. Wagner-Dano, No. 10-4593-cr (2d Cir. May 14, 2012) (Winter, Livingston, CJJ, Rakoff, DJ) Melissa Wagner-Dano was a bookkeeper in upstate New York, where she worked for a small town and two large dairy farm cooperatives. She stole more than $1 million from her employers through unauthorized withdrawals from their bank accounts, using … Read more
Here are the court’s three most recent per curiam opinions: United States v. David, No. 11-741-cr (2d Cir. May 17, 2012) Calabresi, Cabranes, Chin, CJJ) (per curiam) In this drug case, the circuit remanded for resentencing because the district court acted before two 2011 circuit decisions, Chowdhury and … Read more
United States v. Zangari, No. 10-4546-cr (2d Cir. April 18, 2012) (Cabranes, Pooler, Wesley, CJJ) In this decision, the court found that the district court’s restitution order, which was based on the defendant’s gain instead of the victims’ loss, was error, but not plain error. It accordingly affirmed. Defendant Zangari was a securities broker in … Read more
United States v. Aleynikov, No. 11-1126 (2d Cir. April 11, 2012) (Jacobs, Calabresi, Pooler, CJJ) Sergey Aleynikov, a former Goldman Sachs computer programmer, stole a portion of Goldman’s proprietary high frequency trading (“HFT”) computer code, apparently in preparation for taking a related, but higher paying, job at a startup company. A jury convicted him of … Read more
United States v. Scott, No. 10-3978-cr (2d Cir. April 6, 2012) (Pooler, Parker, CJJ) In 2009, two NYPD detectives arrested defendant Scott after witnessing him engage in what they said was a hand-to-hand drug sale. At trial, the district court permitted the detectives to testify, over objection, that they had seen Scott several times before, … Read more
United States v. Pitera, No. 10-1564-cr (2d Cir. April 3, 2012) (Jacobs, Miner, Katzmann, CJJ) In this opinion by the late Judge Miner, the circuit rejected the claim of Thomas Pitera, formerly of the Bonanno crime family, that the district court erroneously rejected his application for DNA testing of “newly discovered” evidence. Pitera was convicted … Read more
United States v. Oyewumi, No. 10-3427(L) (2d Cir. March 29, 2012) (Wesley, Carney, CJJ, Cedarbaum, DJ) Defendant-appellant Saeed went through the entire district court process – arrest, trial, safety-valve proffer and sentence – under the name Reginald Davis, a stolen identity. He also, according to a footnote in this opinion,tried to continue using that identity … Read more
United States v. Roccisano, No. 10-5237-cr (2d Cir. March 14, 2012) (Katzmann, Parkjer, CJJ, Restani, JCIT) (per curiam) Guideline section 4A1.1(d) adds two criminal history points if the defendant committed the federal offense while under a criminal justice sentence, e.g., probation, parole or supervised release. The defendant here was deported to Italy in 2006 after … Read more