Darrell Fields United States v. Elvin Hill, No. 14-3872-cr (Circuit Judges: Jacobs, Livingston, and Droney).(Disclosure: This is an appeal that this Office litigated). In this direct appeal, Mr. Hill argued: (1) that Hobbs Act robbery (18 U.S.C. § 1951) did not “categorically” constitute a “crime of violence” under the “force” clause of 18 U.S.C. § 924(c)(3); and … Read more
Johnson (Bad) News: Today, the Circuit decided Hill adverse to the defendant. It holds that Hobbs Act Robbery is “categorically” a “Crime of Violence” under 18 U.S.C.§ 924(c)(3). It also holds that Johnson does not apply to § 924(c): i.e., it does not “effectively render[] the ‘risk-of-force clause’” of § 924(c) “void for vagueness.” United … Read more
Today the Circuit amended its decision in Blow v. United States, No. 16-1530 (Katzmann, chief judge; Wesley and Hall, circuit judges). It added a single line at the end of the opinion to say that the district judge has discretion to proceed on Blow’s 2255 petition and is not required to hold the petition in … Read more
Today there is a short opinion discussing the meaning of “aggravated felony” in the context of a removal proceeding. And there is a summary order in a criminal case. In Weiland v. Lynch, No. 14-3631-ag (Circuit Judges: Parker, Lohier, and Carney), the Circuit rejects the petitioner’s argument, in his fight against removal to Germany, that … Read more
No criminal cases were decided by the Circuit today. But there is an interesting civil case resulting from the plaintiff’s arrest by NYPD detectives, on charges that were later dismissed. The plaintiff brought a civil suit against the defendants — several named NYPD detectives — under 42 U.S.C.§ 1983 . The case is Figueroa v. … Read more
United States v. Mazza, No.15-2394-cr (2d Cir. May 19, 2016) (summary order) (Jacobs, Parker, and Raggi). Congratulations to the Federal Defenders in New Haven for obtaining a vacatur and remand of a district judge’s refusal to grant a defendant’s motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2). In this summary order, the … Read more
Today’s published decision, JAVEL TAYLOR v. UNITED STATES No. 15-827 (Opinion of May 13, 2016)(Katzmann, Chief Judge, Cabranes, Circuit Judge, and Kaplan, District Judge), is addressed to how appointed appellate counsel should advise clients about seeking rehearing and rehearing en banc from an adverse decision in their case. Addressing an issue of first impression for … Read more
No published opinions today, only two summary orders: a direct appeal and a collateral (§2255) challenge. UNITED STATES v. JAMES PASS, No. 15-1446-CR (Summary Order of April 15, 2016)(Kearse, Cabranes, and Chin). This summary affirmance is interesting for the Circuit’s criticisms of how the judge conducted this sentencing in the E.D.N.Y. Defendant Pass claims three … Read more
There were no opinions in criminal cases from the Circuit this day. The Circuit issued a single summary affirmance in United States v. Miller, No.15-108-cr, where it rejected the defendant’s claim that his 144-month – but nevertheless below-Guidelines – sentence was substantively unreasonable. United States v. Miller, No.15-108-cr: Miller was convicted of a drug distribution … Read more
The Second Circuit issued two opinions today. UNITED STATES v. TULSIRAM, No. 14-2483 (2d Cir. March 7, 2016)(Cabranes, Parker, and Lynch). The Circuit addresses two issues in this case: the first concerns its jurisdiction to review a judgment of conviction that imposes a sentence of imprisonment and restitution but leaves the restitution undetermined; the second, … Read more