In United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023), the Fifth Circuit held that 18 U.S.C. § 922(g)(8), criminalizing firearm possession by a person subject to a domestic violence restraining order, was facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, — U.S. –, 142 S. Ct. 2111 … Read more
Here’s an important decision you may have missed because it arises in the context of an immigration proceeding rather than a criminal case. In Williams v. Barr, No. 18-2535 (2d Cir. May 27, 2020) (Jacobs, Carney, and Bianco), the Circuit clarified that, under the “categorical approach” for determining whether a state statute criminalizes more conduct … Read more
In United States v. St. Hilaire, __F.3d__, 2020 WL 2563112 (2d Cir. May 21, 2020), the Second Circuit, in an opinion by Judge Jacobs (joined by Judges Calabresi and Chin), for the first time addressed the meaning of the four-level sentencing guideline enhancement for possessing a firearm with “an altered or obliterated serial number,” under … Read more
In United States v. Ryan, No. 17-3919 (2d Cir. Aug. 16), the Circuit affirmed the application of this enhancement under Guideline 2K2.1(b)(6)(B) based on the defendant’s sale of a firearm and drugs in the same transaction to a person to whom he had sold drugs in the past (an informant). The Court held that the … 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
United States v. Graham, No. 09-2819-cr (2d Cir. August 15, 2012) (Cabranes, Livingston, Carney, CJJ) Title 18, U.S.C. § 844(h) makes it a separate offense to use “an explosive” to commit a federal felony. During an attempted extortion of one of his fellow-gang members – a dispute over some robbery proceeds – defendant Graham fired … Read more
United States v. Nadirashvili, No. 08-4211-cr (2c Cir. August 23, 2011) (Winter, Pooler, Hall, CJJ) Six-defendant appellants appealed their convictions in a wide-ranging firearms conspiracy that had both international and domestic components. One part of the activity involved trafficking in “foreign defense articles” – here, grenades, warheads, missiles and launchers, amongst other things – under … Read more