United States v. Gardner, No. 08-4793-cr (2d Cir. March 10, 2010)(Feinberg, Katzmann, CJJ, Castel, DJ) 18 U.S.C. § 924(c)(1)(A) makes it a crime to possess a firearm in furtherance of a drug trafficking crime. Here, the defendants challenged the applicability of this section in their case, where they purchased firearms using drugs as payment. The … Read more
United States v. Culbertson, No. 09-0485-cr (2d Cir. March 10, 2010) (Miner, Cabranes, CJJ, Rakoff, DJ) Defendant Troy Culbertson, acting pro se, moved in the circuit for poor person’s relief and for appointment of counsel to pursue an interlocutory appeal of the district court’s orders (1) denying his speedy trial motion, (2) refusing to appoint … Read more
United States v. Navas, No. 09-1144-cr (2d Cir. March 8, 2010) (Leval, Wesley, CJJ, Gleeson, DJ) In connection with a narcotics investigation, DEA agents watched the defendants unload a tractor-trailer at the Hunts Point Market. The defendants then drove it to a private warehouse, where they parked it, unhitched the cab, and lowered the legs … Read more
United States v. Walker, No. 08-3874-cr (2d Cir. February 18, 2010) (Feinberg, Katzamann, CJJ, Ellis, DJ) Here, the circuit upheld the use of Walker’s prior conviction for “strong arm robbery” – a South Carolina common law offense – as a “crime of violence” to enhance his offense level under the firearms guideline. The court rejected … Read more
United States v. Savoca, No. 08-4610-cr (2d Cir. February 25, 2010) (Sack, Parker, CJJ, Goldberg, JCIT) Defendant Savoca and his brother were both charged in an attempted robbery and shooting. Savoca accepted a plea agreement to a Hobbs Act attempt with a 37 to 46 month range and a “discharge” 924(c) with a mandatory 120-month … Read more
United States v. Green, No. 08-5426-cr (2d Cir. February 17, 2010) (Kearse, Winter, Pooler, CJJ) In this case, the Court holds that a crack sentence that was the product of an imperfectly amended Rule 11(c)(1)(C) plea agreement could not be reduced under 18 U.S.C. § 3582(c)(2). Last year, in United States v. Main, 579 F.3d … Read more
As noted below, the circuit has been a bit slow this month. But here are three more summary orders of interest. In United States v. Valentin, No. 07-5278-cr (2d Cir. February 9, 2010), the court ordered a Jacobson remand for the district court to clarify whether it would have imposed a shorter sentence if it … Read more
It’s been more than a month since the court issued a signed opinion in a criminal case. But here is its latest Per Curiam. In Re Grand Jury Subpoena Issued June 18, 2009, No. 09-3561-cv (2d Cir. February 1, 2010) (per curiam). In this case, the court rejected a challenge to a subpoena for corporate … Read more
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