In United States v. Stephen Buyer, No. 23-7202 (2d Cir. Mar. 19, 2025), the Second Circuit upholds the defendant’s trial convictions for securities fraud. This is a dense summary order, but let’s start with the ruling that jumps out. At trial, defendant objected to admission of a Cellebrite forensic cellphone report. The analyst who actually … Read more
In United States v. Harry, No. 23-7106, — F.4th –, 2025 WL 732085 (2d Cir. March 7, 2025), the Second Circuit holds, as a matter of first impression in this Circuit, that setting up a pole camera to continuously monitor a building for 50 days is not a “search” for purposes of the Fourth Amendment—meaning … Read more
Richard Glossip, who was sentenced to death in Oklahoma State for a 1997 murder, has been granted a new trial by the Supreme Court, Glossip v. Oklahoma, 604 U.S. –, 2025 WL 594736 (Feb. 25, 2025). The Court’s opinion recounts some of the saga of Mr. Glossip’s case. Ten years ago, Mr. Glossip’s case first … Read more
The Supreme Court has granted certiorari in Barrett v. United States, No. 24-5774, to decide if the Double Jeopardy Clause permits a court to impose separate sentences for an act that violates both 18 U.S.C. § 924(c) and § 924(j). The petition is available here. Section 924(c)(1)(A) is violated if someone, “during and in relation … Read more
In United States v. Linda Mangano and Edward Mangano, 2d Cir. No. 22-861 (L) (Feb. 13, 2025), the Court upheld the defendants’ convictions for honest-services fraud and obstruction of justice, but vacates Edward Mangano’s bribery-related convictions. We focus on that aspect of Judge Livingston’s thorough opinion. Edward Mangano was the County Executive of Nassau County … Read more
Judge Chin’s opinion in United-States-v.-Robert-Sylvester-Kelly, 2d Cir. No. 22-1481 (L) (Feb. 12, 2025), joined almost entirely by Judges Carney and Sullivan, affirms the singer R. Kelly’s conviction for RICO and Mann Act offenses, as well as his 30-year prison sentence and a restitution award of $300,668 to “Jane,” a minor whom Kelly infected with herpes … Read more
Per the Second Circuit’s ruling today in United-States-v.-Poller (Parker, Bianco, Nardini), police may use a smartphone’s camera application to search inside a car with tinted windows without getting a warrant. Officers in Waterbury, CT, observed Christopher Poller possibly dealing drugs from his car. After he left the car, they approached and tried to open a door … Read more
In United States v. Greenberg, Nos. 23-7168 and 23-7249 (2d Cir. Feb. 3, 2025) (per curiam), the Second Circuit (Walker, Robinson, Merriam, JJ.) held that 18 U.S.C. § 1546(a) (“Fraud and misuse of visa, permits and other documents”) prohibits the possession of authentic immigration documents that have been obtained by fraud, not just the possession … Read more
Last week, Judge Morrison granted a motion to suppress a gun, holding that police didn’t have reasonable suspicion to seize or subsequently frisk a person stopped on the street in Brooklyn. United States v. Burvick, No. 23-CR-450 (NRM), 2025 WL 240976 (E.D.N.Y. Jan. 17, 2025). The lengthy opinion discusses and rejects some common police reasons … Read more
In United States v. Castillo, No. 23-6229 (2d Cir. Jan. 15, 2025), a Second Circuit panel (Livingston, Calabresi, Merriam, JJ.) remanded for the district court to clarify its reasons for denying a compassionate release motion—or, in the alternative, to grant the motion. The defendant, 65-year-old Frank Smith Castillo, moved for compassionate release after serving more … Read more