Federal Defenders of New York Second Circuit Blog

Colleen Cassidy

Supreme Court Reverses Two Second Circuit Fraud Decisions

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On May 11, 2023, the Supreme Court decided Ciminelli v. United States, 21-1158 and Percoco v. United States, No. 21-1158, reversing the Second Circuit in two fraud decisions  resulting from the multi-defendant trial of alleged corruption surrounding the Cuomo administration. The Supreme Court continues its curtailment of amorphous theories of federal fraud to prosecute government … Read more

A Divided Panel Of The Second Circuit Upholds A Barebones CCE Indictment That Identifies No Predicate Acts

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In United States v. Colin Montague, 19-2975 (2d Cir. May 9, 2023), a divided panel of the Second Circuit affirmed a CCE conviction and life sentence based on an indictment that identified no predicate offenses but alleged only that the defendant “did knowingly, willfully and unlawfully engage in a Continuing Criminal Enterprise in that he … Read more

Second Circuit: Application of an Extradition Treaty’s “Lapse of Time” Provision is a Discretionary Decision for the Secretary of State, and Not for the Court.

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In Yoo v. United States, 21-2755(2d Cir. Aug. 1, 2022), the Circuit (Lynch, joined by Calabresi and Lohier) affirmed the denial of a petition for habeas corpus alleging that petitioner’s extradition to South Korea was time-barred, holding that the extradition treaty’s “Lapse of Time” provision was a discretionary provision for the executive authority and not … Read more

Second Circuit Holds That a Fourth Amendment Challenge to Evidence Seized Under a State Warrant Is Not Precluded by a Prior Guilty Plea in State Court.

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In United States v. Jones, No. 20-3009 (2d Cir. Aug.1, 2022), the Circuit (Livingston, joined by Chin and Nardini) held that the defendant’s state guilty plea did not preclude him from challenging the evidence seized pursuant the state warrant in his federal case because the Fourth Amendment claim was not raised in state court. On … Read more

“Hybrid” Restitution Order Makes Less Culpable Defendant Liable to Personally Pay the Full Amount Jointly Imposed Until All Restitution Has Been Paid, Including Additional Restitution Assessed Against More Culpable Defendant

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After Ayfer and Hakan Yalincik, mother and son, pled guilty to a fraud scheme led by Hakan, the district court imposed $500,000 in restitution for one victim, for which the defendants were jointly and severally liable, and an additional $250,000 for the same victim, for which only Hakan was individually liable. After the victim had … Read more

Second Circuit rules no double jeopardy violation to admit the same evidence of a cocaine conspiracy that resulted in acquittal in the first trial to prove a RICO conspiracy in a second trial.

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In United States v. Hicks, No. 19-590 (2d Cir. July 16, 2021), the defendant was tried for conspiracy to distribute marijuana, conspiracy to distribute cocaine and cocaine base, a 924(c) violation, and a RICO conspiracy. He was convicted of the marijuana conspiracy but acquitted of both the conspiracy to distribute cocaine and cocaine base and … Read more

Second Circuit holds that the district court is not required to consider the sentencing factors of 18 U.S.C. §3553(a) in deciding whether to reduce a sentence under §404 of the First Step Act.

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In United States v. Moyhernandez, No. 20-625 (2d Cir. July 15, 2021), a split panel of the Second Circuit held that a district judge need not consider the sentencing factors of section 3553(a), deepening a Circuit split. (Jacobs, Park in the majority, Pooler dissenting) The district court denied defendant’s motion for a reduction in a … Read more

Second Circuit reverses a suppression order, applying “special needs doctrine” to uphold a parole officer’s search of parolee’s house without reasonable suspicion.

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In United States v. Braggs, No. 20-892 (2d Cir. July 13, 2021), the Second Circuit reversed the suppression of guns and drugs found in a search of defendant’s house by his New York state parole officer. The search was based on an anonymous tip that “Mr. Braggs may have guns in his house.” The District … Read more

Second Circuit Rejects Rule 11 Challenge Based on District Court’s Confusing Explanation of the Mandatory Minimum on the Ground that the Circumstances Made it Unlikely that a More Precise Explanation Would Have Changed Defendant’s Decision to Plead Guilty.

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In Pedro Garcia-Hernandez, No. 19-2504 (2d Cir. Dec. 18, 2020)(summary order), the Second Circuit rejected a Rule 11 claim that the guilty plea was not knowingly and voluntarily entered because the district court’s explanation of the sentence the defendant faced was confusing. The district explained at the plea colloquy that the defendant was subject to … Read more

Second Circuit Affirms Guideline Sentence For Illegal Re-entry Based the Guideline Enhancement for A Felony Conviction After Reentry.

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In United States v. Daniel Antonio Salas-Miranda, No. 20-734 (2d Cir. Dec. 18, 2020)(summary order), the Court of Appeals rejected an argument that the 24-month guideline sentence, imposed for illegal reentry in violation of 8 U.S.C. § 1326(a), was substantively unreasonable. The sentence was imposed to run consecutively to a 10-year state sentence imposed for … Read more