Peggy Cross-Goldenberg Defense attorneys in Chicago have moved to dismiss cases on the basis that the Bureau of Alcohol, Tobacco, Firearms and Explosives (the ATF) violated the equal protection clause by targeting people of color for its fake stash house sting cases. The Federal Defenders, CJA Panel attorneys, and the Federal Criminal Justice Clinic at the University … Read more
Last week, SDNY Judge Naomi Reice Buchwald suppressed a gun that was obtained following a stop based on an anonymous tip. You can read the decision in United States v. Oden here. In suppressing the gun, the Court held that the information conveyed by an anonymous caller “neither explained how [the 911 Caller] knew about … Read more
The President’s Council of Advisors on Science and Technology today released a report entitled “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods.” You can access the report here. According to a White House press release, “the study aims to help close the gaps for a number of ‘feature-comparison’ methods — specifically, … Read more
Last week, the Third Circuit, sitting en banc, upheld two as-applied challenges to 18 U.S.C. 922(g)(1), holding that it was unconstitutional as applied to individuals who have not previously been convicted of a felony involving violence. You can read the decision in Binderup v. Attorney General, 14-4550, 14-4549, here. The Court itself described the opinion … Read more
In United States v. Cunningham, No. 14-4425, the Court reversed Judge Sullivan’s decision denying a suppression motion in a robbery case where a gun was recovered from defendant-appellant Damian Cunningham’s vehicle after a traffic stop. The Court found that the circumstances of the stop did not justify a full protective search, noting in part that … Read more
The Second Circuit issued summary affirmances in two criminal cases today. In United States v. Jasmin, No. 15-2546, the Court affirmed the conviction of the former mayor of Spring Valley, New York, on mail fraud and extortion charges. The Court held that the government’s reliance at trial on a mailing not specified in the indictment … Read more
The Second Circuit didn’t decide any criminal cases today. But for your daily dose of criminal justice info, check out this new report about the views of crime victims on incarceration and punishment. A study by the Alliance for Safety and Justice found that the vast majority of crime victims would prefer that the criminal … Read more
In United States v. Lee, 15-458, the Second Circuit affirmed a conviction under 18 U.S.C. 641 and the 30-month sentence that followed. Relying in part on Apprendi, the Court concluded that a loss amount in excess of $1000 is an element of a felony offense under Section 641 and that, to allege a felony, the … Read more
Last week, the Second Circuit decided United States v. Epskamp, No. 15-2028. The Court affirmed the district court’s decisions regarding the extraterritoriality of 21 U.S.C. 959. The appeal followed a trial in front of Judge Sullivan and concerned the use of an aircraft registered in the United States as part of a scheme to fly … Read more
Yesterday, in United States v. Carabello, 12-3839, the Second Circuit held that exigent circumstances justified the warrantless “pinging” of a defendant’s cell phone. Law enforcement officers searching for Caraballo in connection with the execution-style murder of one of his drug associates asked Sprint to utilize its emergency procedures to “ping” Caraballo’s cell phones so that … Read more