Justia Criminal Law Opinion Summaries

Defendant appeals issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in the Southern District of New York.The Second Circuit affirmed the district court's judgment as to two issues and addressed the remaining arguments in a separate summary order filed concurrently with this opinion. The court concluded that the order of forfeiture entered against him should be vacated because the district court failed to enter a preliminary order prior to sentencing, as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B). The court also concluded that defendant was improperly convicted of possessing firearms as a felon, Counts Twelve through Fourteen, because the government did not prove that he knew that he was a felon. View "United States v. McIntosh" on Justia Law

The Second Circuit reversed defendants' convictions for wire fraud in violation of 18 U.S.C. 1343 and conspiracy to commit wire fraud and bank fraud in violation of 18 U.S.C. 1349, in connection with the London Interbank Offered Rate (LIBOR).The court concluded that the evidence was insufficient to prove that defendants caused DB to make LIBOR submissions that were false or deceptive, i.e., to prove that they engaged in conduct that was within the scope of section 1343. In this case, the government failed to produce any evidence that any DB LIBOR submissions that were influenced by the bank's derivatives traders were not rates at which DB could request, receive offers, and accept loans in DB's typical loan amounts. Therefore, the government failed to show that any of the trader-influenced submissions were false, fraudulent, or misleading. Furthermore, the government's failure to prove that the LIBOR submissions did not comply with the BBA LIBOR Instruction and were false or misleading means it failed to prove conduct that was within the scope of the statute prohibiting wire fraud schemes. The court need not reach defendants' other contentions and the government's cross-appeals as to sentencing are moot. View "United States v. Connolly" on Justia Law

The Second Circuit affirmed the district court's judgment convicting defendant, known as "El Chapo," of conducting a continuing criminal enterprise (CCE), drug trafficking conspiracies, unlawful use of a firearm, and a money laundering conspiracy. Defendant is the former leader of a Mexican drug trafficking organization known as the Sinaloa Cartel.The court concluded that because defendant lacks standing to challenge his trial on the basis of the extradition treaty, his specialty claim was properly rejected; defendant's Fifth and Sixth Amendment rights to present a defense and to have the effective assistance of counsel were not unconstitutionally restricted; defendant's motion to dismiss Violation 27, one of the offenses within the CCE offense charged in Count I, was properly denied; the district court properly denied defendant's motion to suppress; claims of evidentiary errors lacked merit; there was no per se conflict of interest regarding defendant's counsel; defendant was not deprived of a complete defense in violation of his Fifth and Sixth Amendment rights; the jury instruction on unanimity was entirely correct; the district court did not exceed its discretion in denying defendant an evidentiary hearing or a new trial, and neither is warranted now; and the district court and the government did not engage in improper ex parte communications. View "United States v. Beltran-Leyva (Guzman Loera)" on Justia Law

The Second Circuit affirmed the district court's dismissal of petitioner's second or successive petition for writ of habeas corpus under 28 U.S.C. 2255. The court concluded that the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), as well as United States v. McCoy, 995 F.3d at 32, bars petitioner from raising his claim arguing that his consecutive ten-year sentence is invalid because attempted Hobbs Act robbery is not a crime of violence. Applying the deferential clear standard of review, the court also concluded that the district court did not reversibly err in dismissing the petition and rejected petitioner's contention that his fifteen-year sentence as a career offender under the Armed Career Criminal Act is invalid in light of the Supreme Court's decision in Johnson v. United States, 576 U.S. 591 (2015). View "Savoca v. United States" on Justia Law

When a district court denies a defendant's motion under 18 U.S.C. 3582(c)(1)(A) in sole reliance on the applicable 18 U.S.C. 3553(a) factors, it need not also determine whether the defendant has shown extraordinary and compelling reasons that might (in other circumstances) justify a sentence reduction.Defendant moved to reduce his 60-month sentence to time served under section 3582(c)(1)(A), but the district court denied the motion. In considering defendant's motion, the district court recognized the health challenges he might face from the COVID-19 pandemic while incarcerated. The district court also relied on the applicable factors listed in 18 U.S.C. 3553(a), including the seriousness of defendant's offense, the harm it had caused his community, and the need to avoid unwarranted sentencing disparities among similarly situated criminal defendants. Accordingly, the court affirmed the district court's judgment. View "United States v. Keitt" on Justia Law

Defendant appealed his 42 year sentence imposed after his conviction by a jury of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to distribute narcotics, and murder through the use of a firearm during a crime of violence or drug trafficking crime. Defendant also appealed his convictions on the racketeering and firearm charges.The Second Circuit agreed with defendant that, under binding precedent from the Supreme Court, RICO conspiracy is not a crime of violence for purposes of 18 U.S.C. 924(j). The court explained that, because it is unclear whether the jury based its decision to convict defendant of the firearm-murder offense on the erroneous belief, in light of the trial court's instruction, that RICO conspiracy is such a crime, defendant's conviction of that offense must be vacated. The court otherwise affirmed the district court's judgment and remanded for further proceedings. View "United States v. Capers" on Justia Law

The Second Circuit affirmed in part and reversed in part in an action where defendants were convicted of charges related to defendants' personal use of grant money that the UN awarded to their non-profit organization. Defendants received a grant in the amount of $500,000 for the sole purpose of establishing a radio station in Iraq dedicated to women's programming. However, defendants siphoned off more than $65,000 of the grant to pay personal debts, bills, and taxes.Viewing the evidence in the light most favorable to the government, the court concluded that there was sufficient evidence for the jury to convict on the wire fraud and related counts. The court remanded for the district court to consider defendants' motion for a new trial on these counts. Viewing the evidence in the light most favorable to the government, the court concluded that there was sufficient evidence for the jury to convict defendants for their false statements. The court discerned no errors with respect to the false statement convictions that would require a new trial. View "United States v. Jabar" on Justia Law

The Second Circuit affirmed defendants' convictions and sentences for conspiring to manufacture, distribute, or possess a controlled substance on a vessel. The court concluded that the district court did not procedurally err in denying minor-role reductions pursuant to USSG 3B1.2 and 2D1.1(a)(5)(iii) and applying two-level enhancements for defendants' roles as pilot or navigator of a vessel carrying controlled substances pursuant to USSG 2D1.1(b)(3)(C). The court also concluded that Defendant Torres' 240 month sentence and Defendant Salas' 180 month sentence were substantively reasonable where the district court weighed the 18 U.S.C. 3553(a) sentencing factors and did not abuse its discretion in imposing the sentences. View "United States v. Torres" on Justia Law

The Second Circuit affirmed the district court's denial of defendant's motion for compassionate release under 18 U.S.C. 3582(c)(1)(A). The court explained that, although section 3582(c)(1)(A) permits a district court to end its analysis if it determines that extraordinary and compelling reasons for granting the motion are absent, the court's review on appeal is aided considerably when the district court, as here, also analyzes the 18 U.S.C. 3553(a) sentencing factors—particularly in those cases where it is a close call whether extraordinary and compelling circumstances exist. In this case, the district court considered the section 3553(a) factors and reasonably concluded that defendant's early release would undermine respect for the law and undermine the deterrent purpose of the original sentence given his very serious offenses. The court rejected defendant's contentions to the contrary. View "United States v. Jones" on Justia Law

Defendants Levy and Nordlicht were convicted of securities fraud, in violation of 15 U.S.C. 78j(b) and 78ff; conspiracy to commit securities fraud, in violation of 18 U.S.C. 371; and conspiracy to commit wire fraud, in violation of 18 U.S.C. 1349. Defendants' convictions stemmed from their participation in a fraudulent scheme to defraud bondholders of an oil and gas company, Black Elk, from the proceeds of a lucrative asset sale. Defendants moved for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29, or, in the alternative, for a new trial pursuant to Federal Rule of Criminal Procedure 33. The district court granted Levy's motion for a judgment of acquittal and conditionally granted his motion for a new trial in the event the judgment of acquittal was later vacated or reversed. The district court denied Nordlicht's motion for a judgment of acquittal, but granted his motion for a new trial.The Second Circuit vacated the district court's order and judgment granting defendants' post-trial motions. The court concluded that a rational jury could have concluded that Levy participated in the Black Elk scheme with criminal intent. The court applied the preponderates heavily standard and concluded that letting the verdict stand as to Nordlicht would not result in manifest injustice. In this case, the district court's factual findings in connection with Nordlicht's Rule 29 motion, as well as the ample record evidence illustrating Nordlicht's knowledge and intent, undermine the district court's conclusions in the Rule 33 context and demonstrate that the evidence did not preponderate heavily against the verdict. Therefore, the district court abused its discretion granting the motion for a new trial. The court considered the parties' arguments on appeal and concluded that they are without merit. Accordingly, the court remanded for further proceedings. View "United States v. Levy" on Justia Law