So far, there have been three summary orders of note in March. Let’s take a look.
In United States v. Alkhabbaz, No. 07-4679-cr (2d Cir. March 23, 2009), the defendant was convicted of fraud and money laundering offenses. The circuit held that it was error to impose a sentence enhancement for using a minor, since the use of the minor was in connection with the underlying fraud, not the money laundering offense itself. The court also strongly suggested that the government could not seek to correct on remand a sentencing error in the defendant’s favor that it did not appeal in the first instance.
In United States v. Madoff, No. 09-1025-cr (2d Cir. March 20, 2009), the court affirmed the denial of bail pending sentencing. The court agreed that Madoff posed a risk of flight since his age and exposure to a long prison sentence gave him an incentive to flee. He also had the means to flee, despite his protestations to the contrary; the district was “not required to treat this defendant’s financial representations as reliable.” The court also found “substantial evidence” that Madoff posed a risk of economic harm to the community.
In United States v. Stuckey, No. 08-0291-cr (2d Cir. March 18, 2009), it was error to admit un-Mirandized statements on the government’s main case on the theory that the defense “opened the door” to them, since the statements were not used to impeach the defendant’s testimony. Trial counsel did not object on this ground, however, and the court found no plain error.