UNITED STATES V. NUNEZ, ET. AL., NO. 11-5019-cv (2D CIR. DEC. 16, 2013) (LIVINGSTON, LYNCH, AND HOHIER) (SUMMARY ORDER), AVAILABLE HERE The defendant in this appeal challenged his sentence as procedurally unreasonable.  Specifically, he claimed that the district court erroneously denied him safety valve relief, held him responsible for 5 to 15 kilograms of cocaine, … Read more

UNITED STATES V. AGUIAR, ET. AL., NOS. 11-5262-CR (L), 11-5329-CR (CON), 11-5330-cr (CON) (2D CIR. DEC. 13, 2013) (JACOBS, POOLER, AND HALL), AVAILABLE HERE The Court in this published opinion denied defendant’s multiple claims of error by the district court arising out of Rule 12 and post-trial motions. The most predominant issue involved the government’s … Read more

UNITED STATES V. LAURIA (PAPPAS), NO. 13-269-cr (2D CIR. DEC. 10, 2013) (LIVINGSTON, CARNEY, AND KOELTL) (SUMMARY ORDER), AVAILABLE HERE The Court in this summary order rejected for lack of jurisdiction a defendant’s appeal from a magistrate judge’s order denying various post-trial motions.  The Court noted that a magistrate judge’s general authority is derived from 18 U.S.C. § … Read more

UNITED STATES V. PINNEY, NO. 12-3954-cr (2D CIR. DEC. 9, 2013) (KEARSE, JACOBS, AND STRAUB) (SUMMARY ORDER), AVAILABLE HERE The Court in this summary order rejected the defendant’s constitutional challenge to a condition of his supervised release.  The defendant agreed to the condition being added to the terms of his release and waived his rights to a hearing and assistance … Read more

UNITED STATES V. TAYLOR, ET. AL., NOS. 11-2201(L), 11-2426(CON), 11-2639(CON) (2D CIR. DEC. 4, 2013) (KEARSE, JACOBS, AND CARNEY), AVAILABLE HERE This published decision vacated three defendants’ convictions for conspiracy to commit Hobbs Act robbery of a Manhattan pharmacy in 2008 and brandishing of a firearm. The Court remanded for new trials after determining that interrogating … Read more

UNITED STATES V. SOLTREN, NO. 12-4755-cr (2D CIR. DEC. 2, 2013) (KEARSE, JACOBS, AND PARKER) (AMENDED SUMMARY ORDER), AVAILABLE HERE On appeal a second time from the imposition of sentence, this defendant challenged the district court’s decision to impose fifteen years’ custody with the possibility of parole after five years as procedurally and substantively unreasonable pursuant to Booker.  He pleaded … Read more

UNITED STATES V. RESTREPO, NO. 12-2246-cr (2D CIR. NOV. 27, 2013) (LYNCH, CARNEY, AND DRONEY) (SUMMARY ORDER), AVAILABLE HERE This detailed summary order affirmed defendant’s conviction after trial for a drug related conspiracy and denied seven separate claims of error.  First, the Court disagreed with the defendant’s jury selection challenge, which alleged that the trial court erroneously … Read more

UNITED STATES V. LEE, NO. 12-2020-cr (2D CIR. NOV. 26, 2013) (KEARSE, JACOBS, AND PARKER) (SUMMARY ORDER), AVAILABLE HERE This defendant appealed his 235-month prison term for drug related offenses, which the district court imposed on remand from an earlier appeal.  The Court vacated an earlier judgment and remanded for re-sentencing due to the erroneous denial of a third point for … Read more

UNITED STATES V. WHITE, NO. 12-68-cr (2D CIR. NOV. 26, 2013) (SACK, HALL, AND LIVINGSTON) (SUMMARY ORDER), AVAILABLE HERE The defendant appealed from his 18 U.S.C. § 1001 conviction and claimed three errors.  First, he was deprived of a fair trial when the prosecutor acted as an “unsworn witness” by eliciting testimony about the prosecutor’s decision not … Read more

UNITED STATES V. TOMICIC, NO. 12-2653-cr (2D CIR. NOV. 22, 2013) (CALABRESE, POOLER, AND KORMAN) (SUMMARY ORDER), AVAILABLE HERE The Court affirmed the defendant’s conviction for wire fraud and denied his claim that the government presented insufficient evidence at trial.  That evidence demonstrated that the defendant submitted what he knew to be falsified, backdated competing bids … Read more