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The Second Circuit holds that the concurrent sentence doctrine applies when a defendant collaterally challenges the legality of a conviction, under 28 U.S.C. § 2255, and declines to review the § 2255 appeal. Kassir v. United States, No. 19-1477, __F.3d__ (2d Cir. July 9, 2021) (C.J.J. Jacobs, Nardini).
12 Jul 2021, 12:41 pm by Darrell Fields
Kassir v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit: State Court’s Erroneous Denial Of Defendant’s Peremptory Strike Is Not Grounds For Federal Habeas Corpus Relief
29 Apr 2022, 7:26 am by Daniel Habib
In Murray v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Rehaif claim cannot be brought in second or successive § 2255 motion because the decision involved statutory interpretation and did not render a “constitutional” rule as required by AEDPA’s gatekeeping provision.Rehaif claim cannot be brought in second or successive § 2255 motion because the decision involved statutory interpretation and did not render a “constitutional” rule as required by AEDPA’s gatekeeping provision.
6 Aug 2020, 1:33 pm by Yuanchung Lee
In Mata v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Court must provide habeas petitioner with notice and an opportunity to respond before sua sponte dismissing the petition on procedural grounds
21 Sep 2022, 12:00 pm by Yuanchung Lee
In Ethridge v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Where a §2255 petition alleges that counsel failed to file a requested notice of appeal, the district court may not summarily dismiss but must undertake a factual inquiry.
21 Feb 2024, 5:46 pm by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
District court’s egregious flouting of long-established procedures regarding a jury note and a proposed Allen charge does not constitute “plain error” because its mistakes did not prejudice the defendant
30 Jul 2021, 8:22 am by Yuanchung Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Scheme to Bribe Basketball Coaches Fouls Out.
9 Jun 2021, 11:27 am by Edward S. Zas
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit: 21 U.S.C. § 848(e)(1)(A) Is Not A “Covered Offense” For Purposes Of First Step Act Resentencing.
7 May 2021, 11:40 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Reliability challenge to a new testing technique, “computerized voice stress analyzer,” to verify compliance with supervised release, is not ripe for review until supervision begins.
26 Aug 2020, 1:03 pm by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
De novo resentencing required after district court imposed a supervised-release term, following revocation, that exceeded the statutory maximum
4 Aug 2023, 9:42 am by Yuanchung Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit Holds That a Fourth Amendment Challenge to Evidence Seized Under a State Warrant Is Not Precluded by a Prior Guilty Plea in State Court.
3 Aug 2022, 9:26 am by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit: Reduced Guidelines Range Not A Prerequisite For First Step Act Relief
24 Apr 2020, 10:18 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
On appeal, a preserved challenge to a Rule 11 error at the guilty plea is reviewed for harmless error, and it’s the government’s burden to prove that the Rule 11 error was harmless. United States v. Freeman, No. 19-2432, __F.4th__ , 2021 WL 5114918 (2d Cir. Nov. 4, 2021) (C.J.J. Sullivan, Park, and Nardini).
15 Nov 2021, 9:14 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
In this summary order, the Circuit vacates a district court judgment that summarily denied a 28 U.S.C. § 2255 motion, alleging that ineffective assistance counsel caused the petitioner to forego a direct appeal. Kenya Brown v. United States, No. 20-3404-pr (2d Cir. Dec. 6, 2022) (C.J.J.’s Livingston, Nardini, and Menashi) (“Summary Order”).
9 Dec 2022, 1:37 pm by Darrell Fields
Kenya Brown v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
In an appeal from a district court’s decision declining to “reopen [a] detention hearing under 18 U.S.C. § 3142(f),” the Second Circuit concludes that the district court declining to reopen the detention hearing wasn’t an abuse of discretion. And the district court’s consideration of the strength of the evidence against the defendant, in weighing the bail factors listed in § 3142(g), didn’t impinge on the presumption of innocence because that’s a trial right that “has no application to a determination of the rights of a pretrial detainee.” United States v. Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. Dec. 6, 2022) (C.J.J.’s Raggi, Wesley, and Nardini).
8 Dec 2022, 9:39 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit rejects habeas petition in revenge killing
23 May 2022, 6:32 am by Second Circuit Civil Rights Blog
Judge Nardini writes, "The problem with Murray’s claim is that, as the Supreme Court held  in  Rivera  v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Second Circuit: On a motion under the First Step Act, a court isn’t obligated to “recalculate” the Sentencing Guidelines range to account for new Guidelines provisions “or new judicial interpretations of existing Guidelines.” Only Guideline-changes “that flow from the Fair Sentencing Act of 2010” have to be considered. But there’s an acknowledged circuit split. United States v. Moore, __F.3d__, No. 19-1390-cr, 2020 WL 5523205 (2d Cir. Sept. 15, 2020).
16 Sep 2020, 9:45 am by Darrell Fields
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Bad Terry stop overcomes qualified immunity
5 Mar 2021, 5:50 am by Second Circuit Civil Rights Blog
That case was Terry v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Local gadfly can't sue school district over speech violations
18 May 2023, 6:19 am by Second Circuit Civil Rights Blog
Village of Suffern, 268 F.3d 65 (2d Cir. 2001), and Zerkha v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/