Federal Defenders of New York Second Circuit Blog

Rule 8

Second Circuit Updates – June 10, 2016

by

Not much to report today, just one summary order, which reminds us of the importance of due dates!   In United States v. Russow, 15-1768, the district court extended the defendant’s time to file an appeal.  When the defendant failed to file by that date and the government objected, the 2nd Circuit precluded an appeal. … Read more

Joint Pain

by

United States v. Shellef, No. 06-1495-cr (2d Cir. November 8, 2007) (Pooler, Sack, Wesley, CJJ) In this decision applying Fed.R.Cr.P 8, the court held that counts were improperly joined against two separate defendants, and that the misjoinders were not harmless. The decision also has an interesting discussion of some unusual wire fraud theories. Defendants Shellef … Read more