Protecting Your Rights And Your Future
The Circuit did not release any precedential opinions in criminal cases this week, and issued only a few summary orders, none of them granting our clients any affirmative relief. Second Circuit On Monday, in United States v. Nunez Garcia (An The Circuit did not...
As CA2’s prior reversals of former NYS Senate Majority Leader Dean Skelos (707 Fed.Appx. 733 (2017)), and House Speaker Sheldon Silver (864 F.3d 102 (2017), had previously shown, prosecuting politicians for bribery schemes, and instructing juries on the parameters of...
It was another uneventful week in the Circuit, with only a handful of mundane summary orders. There were a few interesting decisions in the state’s First, Second, and Third Department’s with two of them—Martinez and Arana—reminding us that, for guilty pleading...
Not much to report this week in the Circuit, with the exception of its decision in Anderson, which contains a thorough review of the rules relating to sentencing when the defendant has related and/or contemporaneous state court charges. A quiet week in the state...
It was an unexpectedly busy holiday week in the Second Circuit and the state appellate courts. In the Circuit, in addition to a very lengthy opinion in Campo Flores that must have kept Judge Kearse’s clerks busy for months, an interesting summary order in Swinton...
A very busy week in the Second Circuit, with an unusual mandamus grant in a criminal case to the government in In re: United States, and a very thorough and complex Fourth Amendment discussion relating to FISA warrants and electronic surveillance in Hasbajrami, which...
Although there were four precedential decisions in the Circuit this week, they were relatively routine, with the exception of a reversal on a government appeal in Lett. There, EDNY Judge Margo K. Brodie dismissed an indictment apparently out of frustration by the...
In an otherwise quiet holiday-shortened week, the Circuit held, in an interesting summary order in Rosario, that the defendant’s guilty plea to possessing a firearm in furtherance of a drug-distribution conspiracy in violation of § 924(c)(1)(A) was not factually...
Despite a handful of decisions from the Circuit this week, not much news. In its only precedential opinion in Albarran, CA2 affirmed the denial of what appears to have been a garden variety plea-withdrawal motion. The state appellate courts were busy, with reversals...
A couple of interesting Second Circuit decisions this week, including Balde and Van Der End. In Balde, on rehearing, CA2 granted vacatur of a guilty plea based on an issue that apparently was not even raised in defendant’s initial appeal. Van Der End, one of the “boat...
