United States v. Dmitry Proshin, Docket No. 04-5308-cr (2d Cir. Feb. 16, 2006) (Kearse, Cardamone, Cabranes) (per curiam): Sometimes one reads a decision and wonders, “Why in the world did the Court decide to publish this?” This opinion is a good example. The Circuit upholds a 6-level enhancement under U.S.S.G. § 2L2.1(b)(2), concluding that the … Read more
United States v. Titemore, Docket No. 05-1380-cr (2d Cir. Feb. 9, 2006) (Walker, Calabresi, Straub): In an opinion of little use to us city folks (and perhaps of only slightly greater relevance to our rural kin given its highly fact-specific nature), the Court rejects Titemore’s effort to suppress evidence (a rifle) seized after a state … Read more
United States v. Osama Awadallah, Docket No. 05-2566-cr (2d Cir. Jan. 26, 2006) (Feinberg, Parker, Cudahy (by desig’n)): A very fine opinion by Judge Parker that (1) upholds Judge Scheindlin’s pretrial ruling limiting the testimony of grand jurors the Government proposed to call as witnesses at Awadallah’s perjury trial, and (2) rejects the Government’s request … Read more
United States v. Song, Docket No. 05-1802-cr (2d Cir. Jan. 27, 2006) (Cabranes, Sack, Amon (by desig’n): The Circuit upholds Song’s conviction for transporting illegal aliens in this short opinion. The Court agreed with Song that the district court erred — badly, badly erred — when it precluded him from testifying about certain statements made … Read more
United States v. Holguin, Docket No. 04-5277-cr (2d Cir. Jan. 26, 2006) (Winter, Straub, Raggi): In this opinion, the Circuit finally and unsurprisingly slams the door on Booker-based challenges to the district court’s determination of a defendant’s eligibility for the safety valve under 18 U.S.C. § 3553(f). Here, Holguin argued inter alia that in light … Read more
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