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Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

Second Circuit Affirms Judgment Against S.E.C. Broker, Holds that Statute of Limitations for S.E.C. Actions is Not Jurisdictional

In Securities and Exchange Commission v. Fowler, the Second Circuit (Lohier, Nardini, and Cronan, sitting by designation) affirmed the imposition of civil penalties and disgorgement against a financial broker.  In so doing,...more

Second Circuit Affirms Convictions of Defendants Who Traded On Press Releases Hacked From Major Newswires

In United States v. Korchevsky, the Second Circuit (Walker, Parker, Carney) affirmed two defendants’ conspiracy and securities fraud convictions over defendants’ myriad claims of error, which included challenges to the...more

Circuit Clarifies Precedent, Holds That Sentencing Court Need Not Separately Explain Reasons For Imposition of 20-Year Supervised...

In United States v. Williams, a per curiam decision, the Second Circuit (Pooler, Sullivan, Park) affirmed the imposition of a 20-year term of supervised release on a defendant convicted of child pornography offenses, holding...more

Circuit Rejects “Listening Circle” Release Condition For Defendant Who Threatened To Assassinate Member of Congress

In United States v. Carlineo, the Second Circuit (Parker, Lohier, Menashi) vacated a special condition of supervised release requiring the defendant to participate in a restorative justice program, concluding both that the...more

Aggravated Identity Theft Conviction Affirmed Despite Ambiguous Statutory Language

In United States v. Wedd, the Second Circuit (Cabranes, Park, Nardini), affirmed the defendant’s 2018 convictions for aggravated identity theft (among other offenses), which arose from a scheme to auto-subscribe customers to...more

Circuit Limits Reach of Recent Career Offender Decision

In McCloud v. United States, the Second Circuit (Walker, Raggi, Nardini) rejected the petitioner’s contention that a development in Circuit law following a defendant’s conviction constitutes a newly-discovered fact extending...more

2/11/2021  /  Convictions , Prior Conviction
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