Peggy Cross-Goldenberg In the first opinion of its kind, SDNY Judge William A. Pauley suppressed evidence obtained through the warrantless use of a stingray device. You can read Judge Pauley’s opinion in United States v. Lambis here. The New York Times has coverage of the case here.
Late last week, the Second Circuit issued a short summary order in United States v. Horton, No. 16-1574, ordering that the District Court vacate its order of detention and remanding for further proceedings. Although it issued just a short summary order, the Circuit clarified that even in “presumption” cases, the government retains the ultimate burden … Read more
The Circuit issued decisions in four criminal cases today. In United States v. Brown, 14-4643, the Court vacated and remanded for resentencing. The district court had imposed special conditions of supervision, but had not given any explanation for the conditions or stated the relationship between the conditions and any sentencing objective. But a district court … Read more
In Mathis v. United States, No. 15-6092, the Supreme Court reaffirmed the categorical approach to determining whether a prior conviction can give rise to the enhanced sentencing provisions of the ACCA. If the elements of a state crime are broader than the elements listed in the generic offense, a conviction for the state crime cannot qualify … Read more
The Second Circuit did not issue any decisions in criminal matters today.
The Second Circuit issued three summary orders in criminal cases today. In United States v. Clare, 15-1601, the Court affirmed the defendant’s conviction on marijuana and gun charges. Clare argued that the evidence at trial was insufficient to sustain the convictions, primarily because the cooperating witnesses were not credible. The Court rejected this argument, explaining … Read more
Today, the Fourth Circuit held that Johnson is substantive and retroactive as applied to the Guidelines. You can read the decision in Hubbard here.
Today the Second Circuit issued a 104-page en banc opinion in United States v. Ganias, 12-240-cr. In Ganias, the Court affirmed the judgment of the district court, holding that the government had relied on a search warrant in good faith and declining to reach the Fourth Amendment question raised by the defendant. The case involved … Read more
Senior Eastern District Judge Frederic Block issued a 42-page opinion in United States v. Nesbeth, 15-CR-18(FB), calling for a close reexamination of the collateral consequences that follow felony convictions, the ways these consequences hamper rehabilitation efforts, and their inclusion as a factor in determining the appropriate sentence under 18 U.S.C. 3553(a). (N.B. Ms. Nesbeth was represented by … Read more
The Second Circuit issued four summary orders in criminal cases today. United States v. Rigo, 15-1914, remanded the case for resentencing. The Second Circuit held that the district court committed plain error in calculating the loss amount for the purposes of determining the guideline range. The Circuit explained that “the scope of conduct for which … Read more