United States v. Yousef, No 12-4822-cr (2d Cir. Apr. 29, 2014) (Sack, Lynch, and Lohier), available here Jamal Yousef pled guilty to one count of conspiracy to provide material support to a foreign terrorist organization (18 U.S.C. 2339B). Judge Keenan sentenced him to 12 years in prison. On appeal, Yousef argued, as he had before pleading … Read more
United States v. Corbett, No. 11-3678-cr (2d Cir. Apr. 29, 2014) (Katzmann, Winter, and Calabresi), available here What evidence is sufficient under the Lindbergh Law, 18 U.S.C. § 1201(a), to convict a defendant of “holding” a victim against the victim’s will? The circuits disagree. The Fourth and Eleventh Circuits, for example, say that a defendant who … Read more
United States v. Griffiths, No. 13-2102-cr (2d Cir. Apr. 25, 2014) (Cabranes, Lynch, and Lohier) (per curiam), available here Griffiths was tried before a jury on charges of making false statements, obstructing justice, and committing mail fraud. At the close of the evidence, his attorney suffered two strokes. The district court, instead of postponing trial indefinitely … Read more
United States v. Allen, No. 13-0296-cr (2d Cir. Apr. 16, 2014) (Pooler, Parker, and Wesley), available here Allen pled guilty to transporting, receiving, and possessing child pornography. At sentencing, the district court ruled that Allen’s prior New York State conviction for Sexual Abuse in the Second Degree, N.Y. Penal Law 130.60(2), subjected him to increased penalties … Read more
United States v. Crandall, No. 12-3313-cr (2d Cir. Apr. 10, 2014) (Walker, Cabranes, and Parker), available here This summary was provided by noted criminal defense attorney Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Crandall was convicted after a jury trial of being a felon … Read more
United States v. Miles, No. 13-1158-cr (2d Cir. Apr. 10, 2014) (Wesley, Carney, and Rakoff) (per curiam), available here This summary was prepared by noted criminal defense attorney Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Defendant Miles appealed his conviction and sentence as a … Read more
UNITED STATES V. ROSARIO, NO. 12-3963 (2D CIR. APR. 2, 2014) (WESLEY, CARNEY, AND RAKOFF) (SUMMARY ORDER), AVAILABLE HERE The defendant in this case appealed his jury conviction for conspiracy to distribute and possession with the intent to distribute heroin. He argued that the evidence was insufficient to support the conspiracy conviction and that other errors denied … Read more
Here’s a quick summary of noteworthy summary orders recently issued by the Circuit: United States v. Davis, No. 12-4836-cr (2d Cir. Apr. 2, 2014) (Katzmann, Livingston, and Carter) (summary order), available here The Circuit rejected Davis’s argument that the district court improperly sentenced him as a “career offender.” The district court, using the “modified categorical approach” … Read more
United States v. Harvey, No. 12-1490-cr (2d Cir. Mar. 26, 2014), available here Harvey was convicted after a jury trial of one count of illegal re-entry into the United States after he was deported. He argued on appeal that the evidence was insufficient to prove his physical departure from the United States. The Circuit affirmed. To prove … Read more
United States v. Annabi, Nos. 12-4988-cr(L), 12-4990-cr(Con) (2d Cir. Mar. 25, 2014), available here This published decision holds that where the government fails to invoke an applicable forfeiture provision in the indictment, and fails to correct that error prior to entry of a final judgment, forfeiture must be limited to that authorized by the statute … Read more