Archives

Aug 15, 2008 EDNY Judge Block Imposes 60-month Sentences in Securities Fraud Case Instead of Guideline Sentences of 360 months to Life
Aug 13, 2008 EDNY Judge Weinstein Rejects Strict Liability Guideline Enhancement in Gun Possession Case Predicated on Guideline Commentary
Aug 11, 2008 Second Circuit Issues Notable Decision Defining Victim and Loss Under the Sentencing Guidelines
Aug 9, 2008 EDNY Judge Denies Motion to Dismiss Indictment Charging English Teacher and Translator with Providing Material Support to Terrorists
Aug 8, 2008 SDNY Judge Grants Government’s Eleventh Hour Request to Take Depositions in the UK
Aug 5, 2008 EDNY Judge Rules Defendant's Proffer Statements Inadmissible at Trial
Aug 4, 2008 WDNY Judge Upholds Constitutionality of Adam Walsh Act, Citing its Safety Valve Provision
Aug 4, 2008 Second Circuit, Affirming Judgment of Acquittal, Defines “Deceptive Conduct” for Purposes of Securities Fraud Conviction
Aug 2, 2008 EDNY Judge Issues Notable Decision on Forfeiture and Restitution in Peonage Case
Jul 24, 2008 SDNY Judge Issues Notable Decision on “Weight” Factor in Bail Determinations
Jul 21, 2008 BOP's RDAP Program Over-Subscribed and Thus Under-Delivering Both in Treatment and Sentence Reduction
Jul 20, 2008 Second Circuit and SDNY Judge Issue Three Notable Rulings on Pre-Trial Disclosure
Jul 18, 2008 Second Circuit Reverses Conspiracy Convictions Based on Insufficient Evidence that the Defendants Knew the Nature and Object of the Conspiracy
Jul 2, 2008 SDNY Judge Denies Request to Modify Terms of Probationary Sentence
Jun 28, 2008 Second Circuit Issues Notable Decision Distilling Recent Developments in Sentencing Jurisprudence and Clearly Reaffirming Centrality of Sentencing Court’s Discretion
Jun 26, 2008 Second Circuit Upholds "Blind Strike" Method of Jury Selection
Jun 24, 2008 Second Circuit Assails FBI Agent's Improper Trial Testimony Admitted as “Background” (But Affirms Anyway)
Jun 24, 2008 EDNY Judge Irizarry Finds Government Breached Plea Agreement with Improper Advocacy at Sentencing
Jun 23, 2008 Supreme Court Adopts Competency Limitation on Scope of Right of Self-Incrimination
Jun 23, 2008 Notable Comments on Our Blog Postings on Graziano and Confredo
Jun 22, 2008 Federal Defenders Publish Two Important Papers Deconstructing Career Offender and Child Pornography Guidelines
Jun 18, 2008 EDNY Judge Issues Notable Decision on Computer Searches, Defendant’s Offer to Take a Polygraph, and Jury’s Knowledge of Potential Penalties
Jun 16, 2008 Second Circuit Issues Notable Ruling on Loss Calculations for Sentencing Purposes
Jun 14, 2008 Supreme Court Holds that Sentencing Court Need Not Give Advance Notice of a Plan to Grant Variance (as Opposed to Departure) from the Guidelines
Jun 13, 2008 Second Circuit Holds that Sentences Without Presentence Allocution Must Be Vacated
Jun 11, 2008 Second Circuit Holds Government Did Not Breach Plea Agreement by Advocating Additional Upward Adjustments at Sentencing - Take Two
Jun 10, 2008 Second Circuit Issues Notable Decision Defining "Intended Loss" Under the Guidelines
Jun 9, 2008 Second Circuit Holds Government Did Not Breach Plea Agreement by Supporting Higher than Estimated Guidelines Level at Sentencing
Jun 6, 2008 Second Circuit Affirms Government's Reverse-Batson Challenge
Jun 3, 2008 Third Circuit Issues Notable Coda to Judge Weinstein's Decision in Polizzi
May 28, 2008 EDNY Judge Holds He Erred in Failing to Advise Jury of Mandatory Minimum Sentence Applicable in Child Pornography Possession Case
May 28, 2008 Government Estimates Costs of Incarceration vs. Supervised Release at about 7:1
May 27, 2008 EDNY Judge Finds No Improper Collusion Between Parallel USAO and SEC Investigations
May 27, 2008 EDNY Judge Denies Acquitted Defendant's Motion for Expungement of Arrest Record
May 27, 2008 EDNY Judge Rejects Crawford Challenge to Certification of Foreign Business Records
May 20, 2008 SDNY Judge Holds Misleading Pimentel Letter May Justify Departure Below Sentencing Guidelines
May 19, 2008 Second Circuit Affirms Sentence that was Apparently Enhanced by Victim-Impact Testimony at Sentencing
Apr 27, 2008 Second Circuit Reverses Sentence as Procedurally Improper Due to Improper Reliance on State-Federal Disparities
Apr 27, 2008 Second Circuit Affirms Securities Fraud Conviction, Though Criticizing Government for its Joinder Decision and Late Disclosure of Brady Material
Apr 22, 2008 Second Circuit Holds that District Court May Not Order a Sentence Consecutive to a Sentence Not Yet Imposed
Apr 21, 2008 Second Circuit Reverses Drug Conspiracy on Insufficiency Grounds
Apr 19, 2008 Second Circuit Indicates Belief that Kimbrough Does Not Apply to Statutory Mandatory Minimum Sentences
Mar 26, 2008 Two SDNY Decisions on the Right to Counsel Illustrate the Fine Line Between Zealous Advocacy and Criminal Conduct (Part 2)
Mar 26, 2008 Two SDNY Decisions on the Right to Counsel Illustrate the Fine Line Between Zealous Advocacy and Criminal Conduct (Part 1)
Mar 23, 2008 EDNY Judge Holds It is Not a Crime to Conspire to Commit a Legal Act While Mistakenly Believing it to Be Illegal
Mar 23, 2008 SDNY Judge Pre-Empts BOP on Issue of Credit for Time Served Prior to Commencement of Sentence
Mar 19, 2008 NDNY Judge Addresses Issue of First Amendment Limitations on Pretrial Release Conditions
Mar 19, 2008 Second Circuit Vacates Significantly Below-Guidelines Sentences Imposed in $100 Million Fraud
Mar 18, 2008 Second Circuit Adopts Crosby-Type Remand Procedure for Cases with Unpreserved Kimbrough Errors
Mar 18, 2008 EDNY Judge Lambasts Drug Equivalency Tables in the US Sentencing Guidelines
Mar 3, 2008 EDNY Judge Denies Full-Blown Resentencing Under Crack Retroactivity Amendment
Mar 3, 2008 SDNY Judge Rules Defendant Waived Marital Privilege When He Sent Incriminating E-Mail Over Office Computer
Feb 17, 2008 Second Circuit Issues Notable Decision on the Sentencing of Cooperators Subject to Mandatory Minimums
Feb 17, 2008 In Important Decision on Defense Discovery Rights, SDNY Judge, Rejecting Nixon Standard, Authorizes Defense Subpoena to BOP for Recordings of Phonecalls of Cooperating Witnesses
Feb 17, 2008 EDNY Judge Orders Inmate's Release on March 3, 2008, Under Crack Retroactivity Amendment
Feb 15, 2008 Second Circuit Issues Notable Decision on Procedure for Dealing with Trial Publicity
Feb 13, 2008 SDNY Judge Holds Court May Consider Factors Other Than Substantial Assistance In Rule 35 Reduction
Feb 8, 2008 EDNY Judge Sets Stage for Notable Decision on Restitution and Forfeiture
Feb 5, 2008 SDNY Judge Precludes Cache of Firearms in Drug Trafficking Trial Due to Government's Untimely Rule 16 Disclosures
Feb 3, 2008 SDNY Judge Addresses Interaction of Illegal Search Warrant and Legal Subpoena for Same Documents
Jan 27, 2008 EDNY Judge Denies Motion for Juror Testimony at Post-Trial Hearing to Investigate Alleged Juror Misconduct
Jan 25, 2008 EDNY Judge Imposes Several Restrictive Supervised Release Conditions on Sex Offender, Including Polygraph Testing and GPS Monitoring
Jan 22, 2008 Two Judges Take Immediate Action on Retroactive Application of Crack Amendment
Jan 9, 2008 Second Circuit Affirms Imposition of Sex Offender-Type Supervised Release Conditions, Including Waiver of Therapeutic Confidentiality, in Securities Fraud Case
Jan 9, 2008 EDNY Magistrate Upholds Constitutionality of Adam Walsh Act's Limitations on Rule 16's Disclosure Requirements in Child Pornography Cases
Jan 8, 2008 Second Circuit Remands for Resentencing where Government Breached Plea Agreement by Encouraging the Denial of Acceptance Points
Jan 8, 2008 EDNY Judge Finds "Exceptional Reasons" Justifying Pre-Sentence Release of Business Owner, Even if he was Convicted of Crimes of Violence
Jan 7, 2008 The Federal Defenders Issue Important Memorandum Addressing Sentence Reductions Under the Retroactive Crack Amendment
Jan 6, 2008 Second Circuit Affirms Dismissal of Jurors for Cause in Capital Case Based Solely on Questionnaire Responses
Jan 4, 2008 Second Circuit Issues Important Ruling Rejecting Jury Instructions That Define the Jury's Role in a Criminal Case as a Quest for Truth
Dec 31, 2007 Two Cases Involving Charges of Child Pornography Possession Yield Divergent Bail Determinations in the NDNY
Dec 14, 2007 EDNY Judge Imposes Non-Guidelines Sentence On Drug Courier Who Did Not Know Type or Amount of Drug Involved
Dec 13, 2007 SDNY Judge Dismisses Portion of Embezzlement Indictment on Statute of Limitations Grounds
Dec 12, 2007 Sentencing Commission Makes Crack Guideline Amendments Retroactive
Dec 12, 2007 Second Circuit Hints It May Affirm a Non-Guidelines Sentence Based on Fast-Track Sentencing Disparity
Dec 11, 2007 Supreme Court Issues Important Rulings Reaffirming the Centrality of District Courts' Sentencing Discretion
Dec 9, 2007 KPMG Tax Fraud Prosecution in SDNY Spawns Several Notable Pre-Trial Rulings
Nov 30, 2007 Second Circuit Remands for Resentencing for Potential Improper Reliance on Inaccurate Information
Nov 30, 2007 After Trial, WDNY Judge Unseals Ex Parte Documents Relating to Defense Subpoenas Under "Presumption of Access" in Federal Courts
Nov 29, 2007 SDNY Judge Grants Pretrial In Camera Review of Potential Brady Material as a Matter of "Sound Case Management"
Nov 28, 2007 SDNY Judge Grants Writ of Error Coram Nobis Vacating Petitioner's Conviction that Mandated Deportation
Nov 28, 2007 In Unpublished Opinion, Second Circuit Remands Within-Guidelines Sentence Due to Lack of Explanation for Rejecting Defendant's Non-Frivolous Arguments For Leniency
Nov 28, 2007 EDNY Judge Denies Government's Motion to Preclude Defendant from Introducing Evidence that He Believed His Conduct Was Authorized
Nov 27, 2007 Second Circuit Holds Border Searches and Detention of Muslim-American Conference Attendees Did Not Violate the Fourth Amendment
Nov 15, 2007 Second Circuit Affirms Admission of Defendant's Redacted Confession and Use of Acquitted Conduct to Enhance Sentence
Nov 13, 2007 EDNY Judge Suppresses Gun Recovered After Police Seize Individual in Possession of Everyday Utility Knife
Nov 12, 2007 Using "Absolute Disparity" Approach, SDNY Judge Denies Defendants' Fair-Cross-Section Challenge to Make-Up of Jury Pool
Nov 12, 2007 Second Circuit Reverses Convictions for Misjoinder of Tax Counts with Non-Tax Counts
Nov 8, 2007 EDNY and DNJ Judges Hold Below Guidelines Sentences Merited Due to Unduly Punitive Circumstances of Defendants' Pretrial Detention
Nov 8, 2007 SDNY Judge Rules that Criminal Forfeiture Order is Personal Money Judgment Against Defendant, Regardless of His Current Assets
Nov 5, 2007 EDNY Judge Denies Government's Motion to Forfeit Bail Where Defendant Appeared as Required but Violated Condition Relating to Witness Contact
Oct 30, 2007 Second Circuit Affirms Admission of Ballistics Expert Without a Daubert Hearing
Oct 26, 2007 Second Circuit Holds Civil Loss Causation Principles Apply to Loss Calculations in Criminal Fraud Case
Oct 22, 2007 SDNY Judge Denies Restitution Application Brought Under Crime Victims Rights Act by Defrauded Individuals
Oct 22, 2007 Amendment to Compassionate Release Policy Statement May Expand Number of Prisoners Granted this Relief
Oct 19, 2007 EDNY Judge Imposes Sentence Substantially Below Guidelines in Illegal Re-Entry Case
Oct 15, 2007 EDNY Judge Precludes Use of Defendant’s Proffer Statements at Trial Due to “Egregious” Behavior of Detectives
Oct 13, 2007 District Court May Have Power Under its Ancillary Jurisdiction to Expunge Federal Conviction
Oct 9, 2007 EDNY Judge Denies Trial Transfer in Media Case in Part Because of Defense Litigation
Oct 8, 2007 EDNY Judge Suppresses Statements Obtained by Jailhouse Informant
Oct 4, 2007 EDNY Judge Weinstein Issues Important Decision on Achieving Concurrent State and Federal Sentences
Oct 3, 2007 Jury Instruction that Testifying Defendant Has Motive to Lie Impermissibly Undermines Presumption of Innocence
Oct 1, 2007 Behind the Statistics: What Kind of Offenders Benefit from Guideline Departures in the EDNY and SDNY?
Sep 28, 2007 Cautionary Tale from the Second Circuit on Necessity of Explaining Reasons for Guideline Deviation
Sep 27, 2007 SDNY Judge Denies Courtroom Closure Motion, But Permits Undercover Officer to Testify in Disguise
Sep 27, 2007 Commentary on the Second Circuit’s Approach to Restricting Internet Access by Sex Offenders on Supervised Release
Sep 18, 2007 Second Circuit Reiterates that Within-Guidelines Sentence is not Presumptively Reasonable
Sep 14, 2007 New Disclosure Rules Proposed for Materials Underlying Pre-Sentence Reports
Sep 13, 2007 Double Jeopardy Claim Prevails in Unusual Case of Precipitous Grant of Mistrial
Sep 10, 2007 No Notice required for Sentence Above Range Dictated by Policy Statements for Revocation of Supervised Release
Sep 10, 2007 Revelation of Defendant's Prior Criminal Record Tips Balance in Favor of Conviction in Close Cases
Sep 9, 2007 Second Circuit Issues Notable Decision on the Government’s Obligations to Disclose Exculpatory Information
Sep 9, 2007 BOP Changes its Policy on Responding to Sentencing Recommendations