United States v. Ford, Docket No. 03-1774 (2d Cir. Jan. 19, 2006) (Winter, Katzmann, Raggi): “[R]estraint must be exercised in defining the breadth of the conduct prohibited by a federal criminal statute.” Op. 14. Hallelujah — we just wish this maxim were applied more frequently in non-white collar cases. In this case, the Circuit vacates … Read more
Messiah v. Duncan, Docket No. 04-5311-pr (2d Cir. Jan. 19, 2006) (Cabranes and Sack) (Jacobs, concurrence): The Circuit rejects a § 2254 petitioner’s Batson challenge to his state murder conviction. Petitioner Messiah claimed principally that the trial judge failed to rule on his Batson challenge with respect to the prosecutor’s strike of an African-American juror … Read more
United States v. Kim, Docket No. 05-1605-cr (2d Cir. Jan. 18, 2006) (Calabresi, Parker, Wesley) (per curiam): The Circuit affirms Kim’s conviction for smuggling aliens into the United States (from Canada) “for the purpose of commercial advantage or private financial gain,” rejecting his sufficiency challenge to the jury’s verdict. Kim’s principal argument was that the … Read more
Well worth a look; some say it compares to Leonardo’s “La Gioconda”. At the Met until March 2006.
United States v. Sheikh, Docket No. 05-1747-cr (2d Cir. Amended Jan. 13, 2006) (Sotomayor, Meskill, Kaplan (by desig’n)): When the Court issued the original version of this decision last week, we pointed out that it included dicta seemingly undercutting the Supreme Court’s decision in Harris v. United States, 536 U.S. 545 (2002). (Click here for … Read more
United States v. Martha Stewart and Peter Bacanovic, Docket Nos. 04-3953(L) (2d Cir. Jan. 6, 2005): Yet another reminder of the White Album’s timelessness: Don’t forget me martha my dearHold your head up you silly girl look what you’ve doneWhen you find yourself in the thick of itHelp yourself to a bit of what is … Read more
Our colleague Steve Sady over at the Ninth Circuit Blog has once again written a great resource for criminal defense lawyers — this time concerning immigration-related issues that arise in criminal cases. (Click here for Steve’s discussion). Steve focuses in particular on how to use the Supreme Court’s decision in Leocal to fight the Government’s … Read more
United States v. Sheikh, Docket No. 05-1747-cr (2d Cir. Jan. 5, 2006) (Meskill, Sotomayor, Kaplan (by desig’n)): We were puzzled by why the Court decided to publish this very short opinion, in which the Court rejects the defendant’s claim that “the district court violated his [Fifth and Sixth Amendment] rights by enhancing his sentence on … Read more
Monroe v. Kuhlman, Docket No. 03-3703 (2d Cir. Jan. 3, 2006) (Winter, Feinberg, Straub): This is somewhat of a rare bird: The Circuit concludes that the New York Court of Appeals improperly applied the state’s own contemporaneous objection rule and thus that its finding of a procedural default on direct appeal was “inadequate” to bar … Read more
United States v. Stefan Irving, Docket No. 04-0971-cr (2d Cir. Dec. 23, 2005) (Cardamone, Jacobs, Cabranes): The majority opinion by Judge Cardamone affirms the defendant’s conviction on most counts, but reverses on two counts that were based solely on the defendant’s admissions, made in his personal journal, whose essential facts were uncorroborated by independent evidence. … Read more