Davis v. Greiner, Docket No. 04-4087-pr (2d Cir. Oct. 11, 2005) (Calabresi, Cabranes, Pooler): The Circuit affirms the district court’s denial of Davis’s § 2254 petition, based on a Sixth Amendment IAC claim that Davis’s attorney failed to warn him that statements he made during proffer sessions with prosecutors could be used against him at … Read more

United States v. Felix Valdez, Docket No. 04-3811-cr (2d Cir. Oct. 5, 2005) (Walker, Cardamone, Parker): There is little of interest in this largely fact-specific opinion, discussing the well-established contours of the diminished capacity departure under U.S.S.G. § 5K2.13. Valdez argues on appeal that the district court (Judge Duffy) “incorrectly applied the Guidelines by using … Read more

United States v. Martin, Docket No. 04-1600-cr (L) (Petition for Rehearing Denied, Oct. 3, 2005) (Walker & Wesley) (Pooler, dissenting): In a published decision, Chief Judge Walker sticks to his guns and denies the defendant’s petition for rehearing in this controversial case involving a Fourth Amendment challenge to a search warrant issued in connection with … Read more

United States v. Rodriguez et al., Docket No. 03-1639 (2d Cir. Oct. 3, 2005) (Calabresi, Pooler, Parker): How does that line go — “Oh what a tangled web we weave, when we first practice to deceive”? Here, the defendants’ “practice to deceive” — a rather inspired scheme to rip off a drug dealer (who turned … Read more

United States v. Duane Arthur Myers, Docket No. 04-3498-cr (2d Cir. September 27, 2005) (Sotomayor, Raggi, Hall): This is yet another decision in a long line of cases evaluating the propriety of an intrusive condition of supervised release imposed by a district court on a kiddie porn offender. Readers should consult the opinion themselves to … Read more

United States v. Hector B. Ramirez, Docket No. 03-1280 (2d Cir. September 27, 2005) (Sack, Katzman, Parker): This case rejects a Sixth Amendment, Blakely/Booker-based challenge to the statutory safety valve provision, 18 U.S.C. § 3553(f) (permitting a court to impose a sentence without regard to otherwise applicable statutory minimum if defendant meets a number of … Read more

United States v. Edward Gandia, Docket No. 04-6477-cr (2d cir. Sep. 19, 2005) (Straub, Sack, and Kravitz, D.J.): Yet another fine opinion by Judge Sack, this time reversing the district court’s order denying Mr. Gandia’s motion to suppress evidence seized as the result of a “protective sweep” of the defendant’s apartment. Although no new legal … Read more

United States v. Myrisa V. Lewis, Docket No. 04-4105-cr (2d Cir. Sep. 15, 2005) (Feinberg, Sack, Katzmann): This is a well-reasoned and interesting opinion by Judge Sack — and another good win by Ed Zas of this Office (see here for Ed’s other win this month). The decision holds that a district court must state … Read more

United States v. Sean Carr, Docket No. 04-0546-cr (2d Cir. Sep. 14, 2005) (Feinberg, Sack, and Katzmann) (Op. by Sack): Despite its glorious role in our early history, the jury’s power of nullification has long been viewed with great disfavor by the Circuit. In this decisions, the Court clarifies that a district court does not … Read more

United States v. William MacPherson, Docket No. 04-4825-cr (2d Cir. September 13, 2005) (Op. by Raggi): In this decision, the Circuit vacates a judgment of acquittal entered by Judge Johnson in the E.D.N.Y. following a jury verdict convicting MacPherson — an NYPD officer — of structuring currency transactions to avoid reporting requirements, in violation of … Read more