The Supreme Court recently granted certiorari in three criminal cases, the availability of sentencing reductions pursuant to 18 U.S.C. § 3582(c)(2) when a Guidelines sentencing range is retroactively lowered: Hughes v. United States, No. 17-155 Question Presented: Whether, as a four-justice plurality in Freeman v. United States concluded, a defendant who enters into a Federal … Read more
In United States v. Danielle Faux, Docket No. 15-1282-cr, the Circuit (Jacobs, Hall, Restani), in an opinion by Judge Jacobs, reversed on the Government’s interlocutory appeal the district court’s grant of defendant Faux’s suppression motion, based on the claim that she was “in custody” when law enforcement agents questioned her (without providing Miranda warnings) while … Read more
United States v. Dionisio, Docket No. 06-0908-cr (2d Cir. September 17, 2007) (Calabresi, Wesley, CJJ, Oberdorfer, DJ) This case presented a question open that the Circuit has never addressed: does jeopardy attach to counts that were dismissed with prejudice by the government pursuant to a plea agreement? Reviewing the framework set by a line of … Read more