No precedential opinions this week from the Circuit, but an unusual vacatur of an NDNY resentence in Jenkins, finding that the judge had not followed the Circuit’s instructions when it previously vacated a 225-month sentence. Second Circuit On Friday, in United States...
Protecting Your Rights And Your Future
Sapone & Petrillo, LLP
Ed Sapone’s DECISIONS OF THE WEEK-May 11, 2019
This was a routine week. The Second Circuit rejected defendant’s contention that a NY state court burglary conviction is not a crime of violence in a precedential decision in Evans. Also, among its summary orders, the Circuit found in James that a district court’s...
Ed Sapone’s DECISIONS OF THE WEEK – April-11-2019
A short docket in both the Federal and State appellate courts this week, with only a handful of decisions and just one reversal in the Second Circuit, in Thompson, and one in the Third Department, in Montague. Second Circuit On Wednesday, in United States v. Thompson,...
Ed Sapone’s DECISIONS OF THE WEEK-April-4-2019
In two significant decisions this week, the Circuit giveth in one, and taketh away in another: in Walker, the Circuit vacated a 360-month EDNY sentence agreeing with defendant that the government breached its plea agreement when the government sought a substantially...
Ed Sapone’s DECISIONS OF THE WEEK -March 29, 2019
After several weeks during which the Second Circuit was unusually active, this week was quiet with no precedential decisions and only two unexceptional summary orders. The New York Court of Appeals continued its anti-criminal-defendant direction with its decision in...
Ed Sapone’s DECISIONS OF THE WEEK-March 21, 2019
The Second Circuit published two interesting precedential opinions this week, finding: (1) in Black that a defendant in the WDNY was denied his Sixth Amendment right to a speedy trial (third time in two years that the Circuit has found a 6thAmendment speedy trial...
Ed Sapone’s DECISIONS OF THE WEEK -March 14, 2019
Another week where there were no precedential opinions in criminal cases from the Second Circuit, but quite a few summary orders. Second Circuit Last Friday, in United States v. Benton, in a summary order, the Circuit affirmed defendant’s convictions for conspiracy to...
Ed Sapone’s DECISIONS OF THE WEEK -March 7, 2019
This was a quiet week for precedential decisions in the Second Circuit, but it was a busy one for summary affirmances. Second Circuit On Tuesday (3/5), in United States v. Kroll, the Circuit vacated defendant’s life sentence, imposed by now-deceased EDNY Judge Leonard...
Ed Sapone’s DECISIONS OF THE WEEK -March 1, 2019
A couple of surprising trends this week. For the second time in three weeks (Fernandez, below, and Orlando v. Nassau County District Attorney’s Office, here), the Circuit reversed the denial of a habeas conviction in a New York State murder case after petitioners’...
Ed Sapone’s DECISIONS OF THE WEEK -February 22, 2019
Last week was a busy week in the Second Circuit, the U.S. Supreme Court, and the New York Court of Appeals. Second Circuit On Friday (2/15), in United States v. Valente, the Circuit found that the sentence imposed upon defendant for various securities-fraud-related...