United States v. Taylor, Nos. 11-2201(L), 11-2426(CON), 11-2639(CON) (2d Cir. Mar. 4, 2014) (Kearse, Jacobs, and Carney), available here In this published decision, the Circuit granted the government’s petition for panel rehearing and withdrew its original opinion vacating the convictions of all three defendants. Unfortunately for the government, the Court, on rehearing, not only again vacated the defendants’ … Read more

United States v. Lee, No. 13-1432-cr (2d Cir. Feb. 27, 2014) (Wesley, Droney, and Abrams) (summary order), available here This summary was provided by noted criminal defense lawyer Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: In this summary order, the Circuit upheld a decision … Read more

Kovacs v. United States, No. 13-0209 (2d Cir. Mar. 3, 2014) (Kearse, Jacobs, and Parker), available here Kovacs, an Australian national, pled guilty in 1999 to misprision of felony (18 U.S.C. § 4). His lawyer advised him at the time — and stated on the record — that the plea would have no immigration consequences. Many … Read more

United States v. Maynard, No. 12-5106-cr (2d Cir. Feb. 24, 2014) (Kearse, Jacobs, and Parker), available here This important decision holds that, under the Mandatory Victims Restitution Act of 1996 (“MVRA”), 18 U.S.C. §§ 3663-64, restitution may be awarded only for the harms enumerated in the statute. The facts were simple: Maynard and Ludwig robbed five … Read more

United States v. Bailey, No. 07-3719-cr (2d Cir. Feb. 21, 2014) (Cabranes, Pooler, and Raggi), available here This case shows that even a Supreme Court victory isn’t always enough to help a convicted defendant.   The police stopped Bailey about a mile from a residence that he had just departed and that was about to be … Read more

United States v. Lochard, No. 12-5115-cr (2d Cir. Feb. 19, 2014) (Chin, Carney, and Droney) (summary order), available here Convicted of access device fraud, the defendant was sentenced to 36 months of imprisonment and ordered to pay about $108,000 in restitution. The judgment did not set forth a payment plan or provide for the waiver … Read more

United States v. Rubin, No. 12-3777-cr (2d Cir. Feb. 19, 2014) (Cabranes, Hall, and Chin), available here Rubin was charged principally with conspiracy to violate the Unlawful Internet Gambling Enforcement Act of 2006 (“Gambling Act”). He pled guilty under an unconditional, written plea agreement, and was sentenced to 36 months of imprisonment. On appeal, the … Read more

United States v. Faison, No. 12-5006-cr (2d Cir. Feb. 10, 2014) (Leval, Calabresi, and Lynch) (summary order), available here Representing himself at a jury trial, the defendant was convicted, among other things, of possessing 28 grams of cocaine base with intent to distribute. On appeal, he continued to represent himself, challenging his arrest, the indictment, and … Read more

United States v. Kelly, No. 12-4185-cr (2d Cir. Feb. 4, 2014) (Walker, Livingston, and Chin) (summary order), available here Kelly was originally arrested for failing to register as a sex offender and for illegally possessing firearms. He obtained bail after agreeing to a special condition of pretrial release that authorized the Probation Office to monitor his … Read more

United States v. Viloski, No. 12-265-cr (2d Cir. Feb. 4, 2014) (Walker, Cabranes, and Parker) (summary order), available here Viloski, a lawyer and real estate broker, was a broker/consultant for development projects of Dick’s Sporting Goods. The trial evidence showed that he acted as a consultant for real estate transactions in which he accepted a consulting … Read more