United States v. Angelo Ramos, No. 04-2004-cr (March 14, 2005)(Newman, Sack and Parker, op. by Sack). In this case, the Court of Appeals rejected a claim that a delay of several years between the time the defendant violated his supervised release by committing a new state crime and the time the violation was actually adjudicated … Read more

United States v. Barrow, No. 03-1074 (March 2, 2005)(Sack, Raggi and Hall, Op. by Raggi). In this case, the Court upheld the district court’s conclusion that the defense had opened the door to the government’ s use of statements that the defendant made at proffer sessions, even though the proffer statements did not directly contradict … Read more

United States v. Fernandez, No. 04 Cr. 539 (RPP)(S.D.N.Y. January 31, 2005)(Judge Patterson) In an important ruling for defendants who face a 15-year mandatory minimum under the Armed Career Criminal Act (generally known as “A.C.C.A,” and set out in 18 U.S.C. § 924(e)), Judge Patterson recently held that a New York State youthful offender adjudication … Read more

United States v. Schneider, No. 03-1764 (January 14, 2005) Background Jeffrey Schneider was an accountant at a company that funded residential loans, and was implicated in a fraudulent scheme on the part of some of the company’s principals to skim funds from escrow accounts. There were several years of contententious pretrial proceedings, some of the … Read more

In United States v. Scott, No. 04-937-cr (January 11, 2005), the Court considered several important questions relating to collateral challenges to the deportation underlying an illegal reentry prosecution. Background Kevin Eric Scott had previously appealed the district court’s denial of his motion to dismiss the indictment, and the Court had remanded the case to the … Read more