Federal Defenders of New York Second Circuit Blog

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Factual basis for § 924(c) plea insufficient where proffer showed only that defendant “possessed the gun while simultaneously engaging in [] drug trafficking” and did not establish “specific nexus” between gun and drug-trafficking offense necessary for “in furtherance” element

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In United States v. Luis Rosario, a summary order, the Circuit vacated a guilty plea to a § 924(c) count, charging Mr. Rosario with possessing a firearm in furtherance of a drug-distribution conspiracy, on the ground that the factual basis for his plea was insufficient. The essential facts are that Mr. Rosario participated in a … Read more

Circuit Strikes Supervised Release Condition Based on Variation from Pronounced Sentence

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A criminal defendant has the right to be present at the pronouncement of sentence. “Therefore, after a sentence has been pronounced, the written judgment may clarify the terms of the spoken sentence, but may not add to them.” If there is a substantive difference between the spoken and written versions of a sentence, the spoken … Read more

Second Circuit affirms grant of summary judgment dismissing claim of excessive force in handcuffing on grounds of qualified immunity, but notes that the right to raise such a claim is now “clearly established” law.

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On October 25, 2019, the Second Circuit, in an opinion by Judge Sack (joined by Judge Hall and Judge Droney), concluded that an excessive force claim under the Fourth Amendment can be established based on excessive use of force in handcuffing, even where the plaintiff signaled discomfort during the handcuffing only through brief and non-verbal … Read more

Second Circuit Panel holds residual clause definition of “crime of violence” in the Bail Reform Act is not void for vagueness

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In today’s United States v. Watkins, No. 18-3076, a panel of the Second Circuit held the residual clause definition of “crime of violence” in the Bail Reform Act is not void for vagueness. This may surprise some observers, as the Bail Reform Act’s residual clause is identical to – and subject to the same categorical … Read more

Second Circuit Vacates Civil Forfeiture Judgement Based on Suppression Issue and Other Errors

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On August 9, 2019, the Second Circuit vacated a high-profile civil forfeiture judgment, in an opinion that may be of interest to criminal practitioners. The litigation involves the government’s efforts to seize 650 Fifth Avenue, a skyscraper in midtown, and other property, based on allegations that the property owners violated federal law through their relationships … Read more

Supreme Court Debrief: Flowers v. Mississippi

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In Flowers v. Mississippi, the Supreme Court ruled 7-2 that death-row inmate Curtis Flowers’ criminal trial was affected by racial discrimination.  You can read more about the case here. Georgetown Professors Abbe Smith and Vida Johnson of Georgetown Law’s Criminal Defense & Prisoner Advocacy Clinic, two career criminal defense attorneys, have recorded a video exploring the … Read more