United States v. Willie Coreas, Docket No. 03-1790-cr (2d Cir. August 18, 2005) (Jacobs, Calabresi & Rakoff, D.J.) (Op. by Rakoff): Our faith in the rule of law has been restored. In this opinion, Judge Rakoff of the SDNY, writing for Judges Jacobs & Calabresi as well (thus covering the political spectrum from the Federalist … Read more
United States v. Kenneth Jaeggi, Docket No. 04-4543-cr (L) (2d Cir. August 17, 2005) (Op. by Winter): The private white collar bar owes an enormous debt of gratitude to Judge Winter, as well as to the fine folks at Sullivan & Cromwell (representing Jaeggi), for this astounding decision. Lawyers for well-to-do securities fraud defendants can … Read more
United States v. Joseph Martin, Docket No. 04-1600-cr (L) (2d Cir. August 4, 2005) (Op. by Walker): Chills ran down this reader’s spine while reading the majority opinion. If the Government can ransack one’s house and papers based on such barebones evidence — essentially, joining a listserve / e-group discussing illegal activity — what will … Read more
Greiner v. Wells, Docket No. 04-2809-pr (2d Cir. August 8, 2005) (Op. by Wesley): This opinion, reversing the lower court’s grant of habeas, contains a very thorough discussion of the relevant facts as well as the law governing ineffective assistance of counsel claims on habeas review. It breaks no new ground, however, in concluding that … Read more
United States v. Amar Amante, Docket No. 05-3067-op (2d Cir. August 9, 2005) (Op. by Walker): There is little new in this opinion, disappointing and wrong-headed though it is. It simply follows upon three bad cases in the Circuit — United States v. Gilliam, 994 F.2d 97 (2d Cir. 1993), United States v. Belk, 346 … Read more
United States v. Jimmy Glen, Docket No. 04-2394-cr (2d Cir. August 10, 2005) (Op. by Winter): This is a great little case that serves as further reminder that counsel must always check out the details of prior convictions used to enhance a current sentence. Here, defendant pled guilty to a 21 USC § 841(b)(1)(A) charge … Read more
United States v. Francisco Lake, Docket No. 04-3238-cr (2d Cir. August 15, 2005) (Op. by Newman): Judge Newman’s monopoly in shaping Circuit law concerning appellate review of pre-Booker sentences in the wake of Booker continues. In this opinion, the Court confirms what Fagans implicitly held and what the Circuit’s practice has been since that decision: … Read more
United States v. Andre O. Logan, Docket No. 03-1290 (2d Cir. August 15, 2005) (Op. by Cardamone): This opinion discusses some mildly interesting Confrontation Clause issues related to Crawford v. Washington, and also upholds the federal arson statute, 18 USC § 844, against a Commerce Clause challenge. It holds that (1) an out-of-court statement offered … Read more
United States v. Dennis Wellington, Docket No. 04-3198-cr (2d Cir. August 3, 2005) (Op. by Cabranes): The addage that a lawyer who represents himself has a fool for a client applies equally to a defendant who, though represented by counsel, insists that counsel abide by his every whim regarding trial strategy, regardless of how illogical … Read more
United States v. Bernard Jaffe. Jr., Docket No. 04-1278-cr (2d Cir. August 2, 2005) (Winter, Katzmann, Raggi) (Op. by Winter): This case addresses a host of related issues concerning restitution. Jaffe pled guilty to making false statements in connection with securing a $20 million loan from a bank, and the district court ordered restitution in … Read more