Federal Defenders of New York Second Circuit Blog

Sessions Establishes Task Force on “Crime Reduction and Public Safety”

Attorney General Jeff Sessions issued another memo to US Attorneys this week.  You can access the memo here. In it, he establishes a “Task Force on Crime Reduction and Public Safety” to identify ways federal prosecutors “can more effectively combat illegal immigration and violent crime, such as gun crime, drug trafficking, and gang violence.”  The … Read more

An Honest Assessment of Preet Bharara’s Record

David Patton, the Executive Director and Attorney-in-Chief at the Federal Defenders of New York, published an opinion piece in yesterday’s New York Daily News.  Patton points out that while much of the press following Bharara’s firing focused on his reputation as the “sheriff of Wall Street” or the drainer of the Albany swamp, these high-profile cases do … Read more

The Unusual Nature of the Guidelines’ Fraud Loss Enhancements Is a Ground for Downward Variance

In an opinion written by Judge Newman, the Second Circuit today vacated the defendants’ sentences of 30 and 21 months, respectively, for food stamp fraud for the district court to consider imposing non-guideline sentences on the ground that the defendants’ Guidelines ranges were significantly increased by the loss enhancements, an unusual feature of the Guideline … Read more

Defense attorneys move to dismiss cases based on equal protection violations

Defense attorneys in Chicago have moved to dismiss cases on the basis that the Bureau of Alcohol, Tobacco, Firearms and Explosives (the ATF) violated the equal protection clause by targeting people of color for its fake stash house sting cases.  The Federal Defenders, CJA Panel attorneys, and the Federal Criminal Justice Clinic at the University … Read more

Second Circuit Updates – August 10, 2016

The Second Circuit didn’t decide any criminal cases today. But for your daily dose of criminal justice info, check out this new report about the views of crime victims on incarceration and punishment. A study by the Alliance for Safety and Justice found that the vast majority of crime victims would prefer that the criminal … Read more

Petition to file a Second or Successive 2255 petition is granted by the Circuit –in a Career Offender case based on Johnson and the cert. grant in Beckles — and the district court has discretion to proceed without waiting for the Beckles decision.

Today the Circuit amended its decision in Blow v. United States, No. 16-1530 (Katzmann, chief judge; Wesley and Hall, circuit judges). It added a single line at the end of the opinion to say that the district judge has discretion to proceed on Blow’s  2255 petition and  is not required to hold the petition in … Read more