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While the Second Circuit published many summary orders this week, there were no precedential decisions, and the summary orders dealt mainly with relatively mundane sentencing issues. If CA2’s decisions this week show anything, Vasquez and Moore demonstrate that,...
The headline this week was a rare en banc decision from the Circuit in Scott, holding that New York’s first-degree manslaughter is a crime of violence under the ACCA and the Career Offender Sentencing Guideline. This decision will have significant ramifications on the...
If you have been charged with a crime, a New York prosecutor can only use evidence that is collected in accordance with the law. Otherwise, your attorney may move to have it suppressed. Let's take a look at the various reasons why evidence might be ruled inadmissible...
While health care providers are charged with providing the utmost care for their patients, there are a select few that opt for defrauding the system. As the years go by, some companies are formulating new ways to scam the health care insurance industry. Here are some...
Transaction fraud is a huge headache for people in the New York City metro area. It can be frustrating to wait while the bank conducts their investigation. It's not a process that's very transparent for consumers. Fraud is complex, and banks have very specific ways of...
All defendants in a court case are presumed innocent unless proven guilty. In your case, there may be certain facts that could unfairly prejudice you in front of a jury if they were to be revealed at trial. For this reason, the law and its procedures has given you a...
Another quiet week in the Circuit. The summary order in United States v. Rosario is a good example of how a criminal defendant can win a case on appeal and still get no relief. CA2 had previously vacated defendant’s § 924(c) brandishing conviction after the Supreme...
In a highly unusual set of circumstances, in United States v. Stillwell, et al., CA2 remanded for further inquiry defendants’ claims that the DOJ had withheld Brady material under grant of an ex parte protective order. Because that evidence remains sealed to the...
The Circuit released no precedential opinions in criminal cases this past week, but its decision in Minaya, presents an interesting snapshot of where the law stands on 924(c) predicate offenses in the aftermath of the Supreme Court’s decision in United States v....
A lengthy but interesting decision in Gatto this week, in which, over a dissent from Judge Lynch, CA2 affirmed the wire-fraud convictions of defendants who had been involved in payments to college athletes’ families to induce those athletes to enroll at universities...