Edward S. Zas The Second Circuit, like other federal circuits, has long held that the Due Process Clause permits a sentencing court to take into account conduct for which the defendant was acquitted (so-called “acquitted conduct”). See, e.g., United States v. Vaughn, 430 F.3d 518, 521 (2d Cir. 2005). But the Michigan Supreme Court just held otherwise: “Once … Read more
In United States v. Lebedev, No. 17-3691(L) (2d Cir. July 26, 2019), defendants Lebedev and Gross challenged their convictions, after a jury trial, of multiple counts arising from their roles in the operation of a Bitcoin exchange and a scheme to use a federal credit union for illegal purposes. Gross also challenged the application of … Read more
The Supreme Court held in United States v. Davis that the so-called “residual clause” of 18 U.S.C. 924(c)(3)(B) is void for vagueness. This means that the only way a crime can qualify as a “crime of violence” for purposes of Section 924(c) is under the “elements” (or “force”) clause of 18 U.S.C. 924(c)(A). That clause defines … Read more
In Hyman v. Brown, __ F.3d __ (2d Cir. June 24, 2019), the Court reversed a judgment granting habeas corpus relief from a state murder conviction under 28 U.S.C. § 2254. Judge Raggi wrote the majority opinion, in which Judge Droney joined. Judge Jacobs concurred in a separate opinion. The Court held that the petitioner … Read more
United States v. Melendez, No. 16-1019 (2d Cir. Feb. 16, 2007) (Leval, Calabresi, Carney). In this summary order, the Circuit vacated the denial of a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). The Court ruled that the district court (Judge Hurley) clearly erred in deciding that the defendant (a client of Federal Defenders) … Read more
On Tuesday, in Bravo-Fernandez v. United States, the Court decided that, when a jury has returned inconsistent verdicts in a multi-count criminal case—acquittals on some counts but a conviction on another—and the conviction is subsequently vacated on appeal because of erroneous jury instructions, the double jeopardy clause does not preclude the government from retrying the … Read more
The Court today issued no published decisions in criminal cases but did decide one criminal matter in a summary order: United States v. Wilson, No. 15-1991-cr (2d Cir. July 26, 2016) (Pooler, Sack, and Lynch). Wilson had been convicted of two counts: theft of government property, which carries a ten-year maximum prison term, and aggravated … Read more
The Circuit issued no published decisions or summary orders in criminal cases today. But the Supreme Court issued a doozy in McDonnell v. United States, as reported here.
The Court issued two summary orders in criminal cases today. Neither Appellant prevailed. United States v. Humphries, No. 14-985-cr (2d Cir. May 26, 2016) (Cabranes, Straub, and Lohier) Humphries was convicted after a jury trial of interstate travel in aid of racketeering, conspiracy to commit wire fraud to defeat Canadian tax revenue, conspiracy to manufacture … Read more
The Court did not issue any decisions in criminal cases today.