The court’s latest Per Curiam opinion, United States v. Rossi, No. 08-6108 (Kearse, Cabranes, Straub, CJJ) (2d Cir. January 28, 2010) (per curiam), holds that the district court had jurisdiction under the pre-1996 restitution statute, 18 U.S.C. § 3663, to amend a restitution order after the defendant had completed her sentence and her term of … Read more
Here are two recent summary orders of interest: In United States v. Prescott, No. 08-2886-cr (2d Cir. January 12, 2010), the government waived its objection to the defendant’s untimely notice of appeal, and the court considered the appeal as if the notice were timely. In United States v. Oliveras, No. 08-4884-cr (2d Cir. January 8, … Read more
United States v. Guzman; United States v. Hall, Nos. 08-5561-cr; 08-6004-cr (2d Cir. January 7, 2010) (Miner, Straub, Wesley, CJJ) Defendants Guzman and Hall were both registered sex offenders in New York. Each moved to another state without updating his registration, and was charged with violating 18 U.S.C. § 2250(a), which makes it a crime … Read more
United States v. Reeves, No. 08-2966-cr (2d Cir. January 7, 2010) (Leval, Pooler, Parker, CJJ) Lamont Reeves pled guilty to possessing child pornography. As a condition of his supervised release the district court required that he “notify the Probation Department when he establishes a significant romantic relationship and … inform the other party of his … Read more
We close out 2009 with two interesting per curiam opinions. In United States v. MacPherson, No. 08-1829-cr (2d Cir. December 30, 2009) (Newman, Calabresi, Katzmann, CJJ) (per curiam), the defendant argued that the government violated a Pimentel-like non-binding plea agreement by advocating for a sentence higher than the estimate contained in the agreement. In the … Read more
United States v. Doe, No. 08-4064-cr (2d Cir. December 14, 2009), looks the First Amendment implications of a defendant’s request to seal his case. At sentencing, Doe had asked for the total and permanent sealing of his sentencing transcript. The court denied the request, and Doe appealed. After the government agreed that the decision should … Read more
United States v. Hester, No. 08-4665-cr (2d Cir. December 16, 2009) (Winter, Cabranes, Hall CJJ) (per curiam) After pleading guilty to two sex offenses in New York State, Hester was required to register as a sex offender. He completed his initial registration – which included explicit instructions that Hester update if he moved or changed … Read more
United States v. Labbe, No. 08-0673-cr (2d Cir. December 4, 2009) (Newman, Pooler, Katzmann, CJJ) About a week before Labbe’s sentencing, the district court issued a written Sentencing Opinion describing the sentence it was likely to impose. The Opinion included a 4-level role reduction for Labbe’s “minimal” participation and announced that “Labbe is hereby sentenced … Read more
It’s been a while but at last the court has issued enough summary orders of interest for another post. Here they are: In United States v. Madarikan, No. 08-5589-cr (2d Cir. December 16, 2009), the court found a Confrontation Clause violation in the admission into evidence of a Certificate of Nonexistence of Record at an … Read more
United States v. Garcia, No. 08-1621-cr (2d Cir. December 1, 2009) (Jacobs, Sack, Lynch, CJJ) In Cuellar v. United States, 128 S.Ct. 1994 (2008), the Court held that, for the crime of transportation money laundering under 18 U.S.C. § 1956(a)(2)(B)(i), the government most prove more than that the money was hidden during its transportation. Rather, … Read more