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A post-sentencing examination of previously seized electronic data does not violate the Fourth Amendment. And the subsequent prosecution of the defendant for producing child pornography – based on evidence discovered in that examination – is not barred by the prior plea agreement concerning his conviction for possessing child pornography.
29 Feb 2024, 11:50 am by Yuanchung Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
En Banc Second Circuit: A Naturalized U.S. Citizen Has A Sixth Amendment Right To Be Advised By Defense Counsel That He May Be Denaturalized And Deported As A Result Of His Guilty Plea.
5 Dec 2024, 11:09 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit grants suppression motion and holds that reasonable suspicion for stop was not established by defendant’s match to suspect’s race, even in combination with other factors, because a description based primarily on race is not particularized enough to guard against police overreach or harassment.
17 Jul 2020, 11:14 am by Eunice Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit rejects application of the categorical approach for determining an “offense against property” under the MVRA.
8 Jan 2021, 10:04 am by Eunice Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit Vacates 18 U.S.C. § 924(c) Conviction Based On Both Valid And Invalid Predicate Offenses.
28 Jun 2021, 12:13 pm by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Flawed “Interested Witness” Instruction Requires New Trial
22 Jul 2020, 9:43 am by Edward S. Zas
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Circuit Reverses Convictions For Aiding And Abetting VICAR Murder For Insufficient Evidence
19 Aug 2020, 8:31 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit reverses and remands an order of restitution, imposed under the Mandatory Victim’s Restitution Act of 1996 (“MVRA”) — 18 U.S.C. § 3663A(a)(2), (c) — because the Government failed to prove, by a preponderance, the proximate cause element: i.e., that the losses to the victims were foreseeable to the defendant in the course of committing the “offense of conviction.” United States v. Goodrich, No. 19-208, __F.4th__ , 2021 WL 3889801 (2d Cir. Sept. 1, 2021) (C.J.J. Calabresi, Pooler, Carney).
13 Sep 2021, 10:57 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Ninth Circuit Discusses Withdrawal Under Rule 36(b); Determines Lower Court Did Not Abuse Discretion
5 Apr 2007, 2:44 am
United States, 45 F.3d 1345, 1348 (9th Cir.1995); see also Carney v. [read post]
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com/
Can states enter into interstate compacts to coordinate reopening society as the coronavirus outbreak wanes?
14 Apr 2020, 2:37 pm by Derek T. Muller
Texas v. [read post]
Excess of Democracy - http://excessofdemocracy.com
Protecting the Unnamed Source: A journalistic privilege? – Damian Carney
9 Jan 2012, 4:27 pm by INFORRM
’” (Similar sentiments about the role of NGOs can be seen in Steel and Morris v United Kingdom (2005) 41 EHRR 403, [89] and Vides Aizsardz? [read post]
Inforrm's Blog - http://inforrm.wordpress.com
The Second Circuit Has Held That New York State Convictions for “Controlled Substances” Offenses Do Not Qualify as a Career Offender Conviction
16 Aug 2018, 6:25 am by Brian Shiffrin
See United States v. [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
M.D. Fla.: DEA violated curtilage to get consent found involuntary
31 Mar 2009, 6:43 am
United States v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).
17 Jan 2023, 7:34 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Up In Smoke
23 Aug 2012, 11:37 am by Steve Statsinger
United States v. [read post]
Second Circuit Blog - http://circuit2.blogspot.com/
Indian Law Bulletins Updated 8/11
11 Aug 2021, 2:00 pm by Unknown
Washington (Treaty Rights - Hunting)Carney v. [read post]
National Indian Law Library -- News - http://nilllibrary.blogspot.com/
Automobile exception applies even when man with keys is arrested outside of car and it is locked
28 Dec 2007, 3:11 pm
United States v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
CA4: Unhitched trailer was subject to automobile exception where there was activity around it
3 Dec 2011, 4:53 am
United States v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Court narrows the scope of religious harassment statute
20 Oct 2021, 7:18 am by Second Circuit Civil Rights Blog
Lopez and United States v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Federal Judge in the Broadcom Case Cites Prosecutorial Misconduct as One of the Grounds for Dismissing Criminal Charges
25 Feb 2010, 6:00 am by Southern California Criminal Defense Attorney
In 2009, the United States Supreme Court has ruled in yet another prosecutorial misconduct case in Van de Kamp v. [read post]
Southern California Defense Blog - http://www.southerncaliforniadefenseblog.com/