In today’s United States v. Sheehan, the Second Circuit (Winter, Wesley, Lynch) affirmed a conviction for using a “destructive device” during a “crime of violence,” in violation of 18 U.S.C. § 924(c)(1)(B)(ii). Wearing a wig, an arm sling and makeup, Sheehan planted an almost-complete pipe bomb in a Home Depot on Long Island. He sent a letter … 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
United States v. Sekhar, No. 11-4298 (2d Cir. June 26, 2012) (Jacobs, Parker, Hall, CJJ) Defendant Skhar was convicted of Hobbs Act extortion and the interstate transmission of extortionate threats based on a particularly bizarre set of facts. He was a managing partner of a tech company into which the New York State Comptroller was … Read more
United States v. Coppola, No. 10-0065-cr (2d Cir. February 14, 2012) (Raggi, Lynch, Wallace, CJJ) This very long, and very fact-bound mob-related RICO appeal covers very little new ground. However, it has an interesting discussion of the applicability of Skilling to extortion cases. Defendant Michael Coppola spent three decades rising through the ranks of the … Read more
United States v. Markle, No. 06-1600-cr (2d Cir. December 14, 2010) (Jacobs, Pooler, Parker, CJJ) In United States v. Enmons, 410 U.S. 396 (1973), the Supreme Court held that extortion liability under the Hobbs Act, 18 U.S.C. § 1951, did not extend to violence in pursuit of “legitimate labor ends” that occurs during a lawful … Read more
United States v. Ivezaj, No. 06-3112-cr (2d Cir. June 11, 2009) (Feinberg, Miner, Parker, CJJ) Six defendants were convicted of racketeering and related offenses arising from their efforts to break the hold that New York City’s traditional organized crime families had on illegal gambling. The primary challenge on appeal concerned two RICO predicate acts that … Read more