Archives

May 12, 2014 Bloomsday, June 16, 2014 at 60 Centre Street with the Hon. Gerard E. Lynch
Jul 14, 2013 A Perfect Prosecution - People v. DSK
Jan 21, 2012 Second Circuit Issues Notable Decisions Applying Rule of Lenity
Jul 17, 2011 Second Circuit Issues Notable Rulings on Prior Bad Acts and Knowledge in Conspiracy Cases
Mar 14, 2011 Second Circuit Issues Notable Rulings on Two-Step Miranda Procedure, Factual Underpinnings of Sentencing and IAC Prior to Sentencing
Jan 12, 2011 Second Circuit Reverses Fraud Conviction with Notable Nugget for Alleged Insider Traders
Jan 12, 2011 SDNY Judge Finds Spousal Relationship is Predicate for Insider Trading Charges Based on Misappropriation Theory
Jan 3, 2011 Second Circuit Issues Notable Decision Finding Procedural Error in Sentence of Cooperating Career Offender
Nov 4, 2010 Second Circuit Issues Notable Decisions on Wiretaps, Batson and Sentencing
Aug 27, 2010 Second Circuit Issues Notable Decisions on Suppression, Omissions and Proffer Statements
Aug 5, 2010 EDNY Judge Denies Rule 29 Motion but Issues Notable Comments on Government’s Disclosure Obligations
Aug 5, 2010 Second Circuit Reverses Due to Admission of Prejudicial Hearsay
Jul 30, 2010 Second Circuit Issues Notable Decision on Use of Psychologist's Report at Sentencing
May 13, 2010 IABANY Presents Roundtable Discussion on The Rule of Law in the Age of Terror - May 27, 2010; Two Free CLE Credits
May 12, 2010 Second Circuit Issues Notable Ruling on Deconstructing Sentencing Guidelines
May 12, 2010 Second Circuit Reverses Drug Conspiracy Conviction on Grounds of Insufficient Evidence
Apr 28, 2010 Lawyers in the Dock - Roundtable Discussion at the New York City Bar, April 29, 2010 - Free CLE Ethics Credit
Apr 13, 2010 Second Circuit Finds No Error in Co-Defendant Sentencing Disparity
Apr 13, 2010 Second Circuit Issues Notable Decision on Sealing of Sentencing Transcript
Mar 23, 2010 Second Circuit Finds No Reversible Error in District Court’s Use of Google
Mar 23, 2010 Second Circuit Holds that Prosecutor’s Advocacy of Guideline Higher than Plea Agreement Is Not Plain Error
Mar 23, 2010 SDNY Judges Order Monsanto Hearing on Whether Frozen Assets Were Tainted
Mar 23, 2010 SDNY Judge Analyzes Scope of Rule 16 Discovery
Mar 23, 2010 Two District Judges Order Improvements in Defendants' Conditions of Incarceration
Mar 17, 2010 Second Circuit Slaps Down Effort to Dispose of Sentence Appeal Via Summary Affirmance Motion
Mar 17, 2010 Lawyers in the Dock: EDNY Judge Acquits Law Associate of Witness Tampering
Mar 17, 2010 EDNY Judge Imposes Below-Guidelines Five-Year Sentence in Securities Fraud Case
Mar 11, 2010 Second Circuit Upholds Forfeiture Money Judgments
Mar 9, 2010 SDNY Suppresses Gun Based on Defense Lawyer's Crime Scene Investigation
Mar 9, 2010 Some Recent Developments of Interest in the Areas of Restitution and Forfeiture
Nov 24, 2009 EDNY Judge Declines to Give "Self-Dealing" Jury Instruction in Honest Services Fraud Prosecution
Nov 23, 2009 Two Courts Decline to Limit the Reach of the Honest Services Theory of Fraud in Cases Involving Public Officials
Nov 16, 2009 Two SDNY Judges Reject Guideline Enhancements Based on Prior Convictions
Nov 6, 2009 Second Circuit Explains its Understanding of a "Substantively Unreasonable Sentence"
Nov 6, 2009 EDNY Judge Assails Guidelines' Denial of Safety Valve Relief to Individuals with Minor Records
Nov 6, 2009 Second Circuit Reverses Two Cases Because of Improper Admission of Propensity Evidence
Nov 6, 2009 Second Circuit Holds that Fraud Losses May Not Be Offset by Legitimate Business Expenditures
Oct 2, 2009 Erroneous Jury Instruction on Scope of the Word "Knowingly" Leads to Reversal
Sep 23, 2009 NYSACDL's Fall Federal Criminal Practice Seminar - SDNY Courthouse 9/24
Sep 15, 2009 Second Circuit Holds Defendant Has Right to Speedy Sentencing
Sep 15, 2009 Second Circuit Reverses Unsealing of Wiretap Applications in Investigation of Public Official
Sep 13, 2009 Second Circuit Remands for Supplementation of Reasons for Leadership Role Sentencing Enhancement
Sep 12, 2009 EDNY Judge Stands By Previous Suppression Ruling
Aug 21, 2009 Lawyers in the Dock: EDNY Judge Suppresses Communications Obtained in Violation of Title III’s Minimization Requirement
Jul 21, 2009 Second Circuit Affirms Admission of “Other Act” Evidence; District Judge Dissents
Jul 20, 2009 Lawyers in the Dock: SDNY Judge Denies Downward Departure Based on Defendant’s Good Works, but Imposes Below Guidelines Sentence
Jul 14, 2009 SDNY Judge Denies Motion for Judgment of Acquittal in FCPA Prosecution
Jul 14, 2009 SDNY Judge Rules that Government May Introduce Background Evidence of Corruption in FCPA Case
Jul 8, 2009 EDNY Judge Grants Judgment of Acquittal on Money Laundering Counts but Denies Application for Jury Determination on Forfeiture Money Judgment
Jul 7, 2009 EDNY Judge Grants Judgment of Acquittal to Defendant in Drug Conspiracy
Jun 24, 2009 SDNY Judge Unseals Emails from Madoff Victims
Jun 24, 2009 New Changes To BOP’s RDAP Policies
Jun 24, 2009 Two SDNY Decisions Address the Confidentiality of Sentencing Materials
May 19, 2009 SDNY Judge Disqualifies Lawyer for Potential Conflicts of Interest Despite Client's Waiver
May 12, 2009 Distinguishing Between Fact and Purpose of Concealment, Second Circuit Reverses Money Laundering Convictions
May 6, 2009 City Bar Hosts Roundtable Entitled "Attacks on the Independence of the Judiciary"
May 6, 2009 Statements Obtained Outside Six Hours of Arrest Inadmissible, Supreme Court holds, if Delay in Presentment Unreasonable
May 6, 2009 Second Circuit Rules that U.S. Government Does Not Need a Warrant When it Investigates American Citizens Abroad
May 4, 2009 SDNY Judge Suppresses Statements as Product of Functional Equivalent of Interrogation
May 4, 2009 EDNY Judge Grants Certifies Extraditability of Defendant to Canada
May 2, 2009 With Prosecutors Like These . . . DOJ Vows to Eliminate Crack-Cocaine Disparity
Apr 27, 2009 Lawyers in the Dock Part 2: SDNY Judge Issues Notable Decision on Sufficiency of Evidence Against Lawyer Accused of Tax Fraud
Apr 27, 2009 Lawyers in the Dock Part 1: EDNY Judge Lays Out Roadmap for Prosecution of Lawyer
Apr 27, 2009 WDNY Judge Denies Motion to Seal Marital Information in Defendant’s Sentencing Memorandum
Apr 25, 2009 Second Circuit Issues Notable Decision on Instructing Jurors About Mandatory Minimum Sentences
Apr 22, 2009 EDNY Judge Dismisses Juror Who Revealed Bias After Opening Statements
Apr 20, 2009 In Nuanced Sentencing Decision, EDNY Judge Finds Career Offender Classification Misplaced
Apr 19, 2009 SDNY Judge Addresses Disclosure of Interview Memoranda Prepared by Company's Outside Counsel
Apr 19, 2009 EDNY Judge Recommends a BOP Designation to Community Confinement . . . and BOP Obliges
Apr 19, 2009 Second Circuit Affirms Verdict of Eleven Jurors
Apr 16, 2009 SDNY Judge Takes Exception to Stacking of Mandatory Minimums
Apr 15, 2009 Second Circuit Issues Notable Ruling on Defense Advocacy at Sentencing
Apr 5, 2009 Premature Articulation to the Media Comes Back to Haunt Defendant in SDNY Case
Mar 31, 2009 SDNY Court Orders Unsealing of Wiretap Applications in Investigation of Prostitution Ring
Mar 28, 2009 Making Off with Criminal Proceeds: Some Recent Notable Second Circuit and District Court Decisions on Restitution and Forfeiture
Mar 27, 2009 Bureau of Prisons Compassionate Release Policy Continues to Stifle Early Release
Mar 25, 2009 Second Circuit Affirms Denial of Bail to Bernie Madoff
Mar 25, 2009 USSC Report Highlights Rarity and Benefits of Alternatives to Incarceration
Mar 25, 2009 SDNY Judge Grants Trial Continuance in Part Due to BOP’s Policy of Confining New Inmates in SHU
Mar 25, 2009 NDNY Court Walks Tight Rope in Weighing Confidentiality of Sentencing Memoranda
Mar 24, 2009 In Fairness, Dead Guys Speak: EDNY Judge Issues Some Notable Rulings on Admissibility of Hearsay
Mar 14, 2009 Second Circuit Issues Notable Decision Limiting the Stacking of Mandatory Minimum Sentences
Mar 3, 2009 EDNY Judge Holds that Youthful Offender Adjudication Does Not Trigger Gun Guideline Enhancement
Feb 6, 2009 SDNY Judge Grants Bail to Defendant Accused of Large-Scale Fraud
Feb 3, 2009 Second Circuit Holds that Striking Juror on Grounds of Obesity Lends Itself to Pretext
Feb 1, 2009 Supreme Court Reaffirms that District Court May Not Presume that Guidelines Range is Reasonable
Jan 26, 2009 Supreme Court Reaffirms Power of District Courts to Disagree with Sentencing Guidelines on Policy Grounds
Jan 12, 2009 SDNY Magistrate Rejects Government’s Effort to Revoke Bail Based on Defendant’s Alleged Risk of Flight and Potential of Economic Danger to the Community
Jan 12, 2009 SDNY Magistrate Finds Non-Discretionary Adam Walsh Act Bail Conditions Unconstitutional in Child Pornography Possession Case
Jan 6, 2009 EDNY Judge Finds Violation of Supervised Release in Sex Offender Case Where Defendant Refrained from Participating in Treatment in "Meaningful Manner"
Jan 6, 2009 Second Circuit Holds Evidence of Bogus Account Statements is Relevant in Securities Fraud Case
Jan 6, 2009 Welcome Back to the Second Circuit Sentencing Blog!
Jan 6, 2009 Second Circuit Affirms Murder Conspiracy Conviction Despite Prosecutor's Improper Vouching
Dec 31, 2008 Happy New Year to Our Loyal Readers!
Dec 29, 2008 EDNY Judge Finds US Marshal and NYPD Officer Incredible at Suppression Hearing in "Dropsy" Case, But Grants Government's Motion to Reopen
Dec 29, 2008 EDNY Judge Dismisses Illegal Reentry Indictment Where Defendant Not Advised of Right to Voluntary Departure Prior to Deportation
Dec 29, 2008 EDNY Judge Denies Motion of Acquitted Defendants for Attorneys’ Fees Under the Hyde Amendment
Dec 11, 2008 In Securities Fraud Case, Second Circuit Affirms Downward Variance from Life to 42 Months in Prison
Dec 10, 2008 SDNY Judge Suppresses Evidence Seized Under Order Obtained by Probation Officer Without Finding of Probable Cause
Dec 10, 2008 Second Circuit Finds No Error in Ruling that Peremptory Challenge Against Reader of Widely-Read African-American Newspaper Passed Batson Muster
Dec 10, 2008 Second Circuit, Affirming Upward Variance in Gun Case Based on Local Conditions, Issues Important Decision on District Court’s Sentencing Discretion
Nov 26, 2008 Second Circuit Issues Notable Decision on Defendant's Right to Explore Bias of Government Witness
Nov 25, 2008 In KPMG Tax Fraud Case, SDNY Judge Kaplan Denies Remaining Defendants’ Motion to Dismiss Based on Alleged Misuse of a Parallel Civil Investigation
Nov 17, 2008 EDNY Judge Weinstein Sentences Whistle-Blower in Fraud Case to Probation, Departing from Guideline Range of 210 to 240 Months
Nov 17, 2008 WDNY Judge Rejects Government's Effort to Confine 5K1.1 Departure to One of Defendant's Two Counts of Conviction
Nov 12, 2008 Connecticut Judge Issues Notable Ruling in AIG/Gen Re Fraud Case on Loss Calculation, Number of Victims and Restitution
Nov 7, 2008 Some Notable Applications of the Supreme Court’s Money Laundering Decisions in Santos and Cuellar
Nov 2, 2008 SDNY Judge Rules that FCPA Does Not Apply to "True Extortions"
Oct 29, 2008 EDNY Judge Departs Based on Defendant’s Presentence Confinement in Segregated Housing
Oct 29, 2008 EDNY Judge Departs from 235 Months to Probation for Cooperator in Fraud Case in Part Because Higher Ups Escaped Prosecution
Oct 29, 2008 SDNY Judge Rules that Ballistics Expert May Not Testify that Ballistics is a Science or that He Reached his Conclusions with any Degree of Certainty
Oct 22, 2008 Second Circuit Reverses Another Conspiracy Conviction for Lack of Knowledge and Intent
Oct 16, 2008 Some Recent Decisions of Note on Fast Track Disparity and Unconstitutionality of Gun Possession Laws
Oct 16, 2008 New York Federal Criminal Practice Blog Invites Law Students to Guest-Blog
Oct 16, 2008 NDNY Judge Denies Motion to Redact Confidential Medical Information From Sentencing Memoranda
Oct 15, 2008 Reversing Judgment of Acquittal in Money Laundering Case, Second Circuit Issues Important Decision on the Quantum of Proof Required in Conspiracy Cases
Oct 8, 2008 Second Circuit Vacates Convictions Due to Improper Admission of "Officer Expert" Testimony
Oct 7, 2008 Second Circuit Rejects Challenge to Restitution Order On Grounds of Victims' "Unclean Hands"
Oct 3, 2008 EDNY Judge Grants Judgment of Acquittal Finding Insufficient Evidence to Support Pinkerton Liability
Sep 29, 2008 Second Circuit Reverses Bribery Conviction Due to Government’s Suppression of Brady Material
Sep 29, 2008 EDNY Judge Denies Motion for New Trial Premised on Allegedly False Statements by Juror During Voir Dire
Sep 26, 2008 EDNY Judge Denies Motion to Quash Grand Jury Suboena Seeking Source of Trial Defendant's Legal Fees
Sep 17, 2008 Three District Courts Address Calculation and Enforcement of Restitution
Sep 12, 2008 Second Circuit Issues Notable Decision on Sufficiency of Evidence for RICO Conspiracy Conviction and Criteria for Admissibility of Lay Opinion Testimony
Sep 11, 2008 "Exemplary Law-Abiding Behavior" Leads SDNY Judge to Grant Request for Early Termination of Supervised Release
Sep 11, 2008 Second Circuit, Reversing Sex Offense Conviction Due to Improper Jury Instruction, Supports Admission of Defendant's Social Science Expert at Retrial
Aug 30, 2008 Second Circuit Affirms SDNY Judge Kaplan's Dismissal of Indictment Against Thirteen Defendants in KPMG Tax Shelter Fraud Case
Aug 26, 2008 Second Circuit Holds Restitution Order under MVRA May Include Attorneys Fees and Accounting Costs
Aug 25, 2008 SDNY Judge Sentences Cooperator in Fraud Case to Six Months Intermittent Confinement and Six Months Home Detention
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