Forfeiture of Rule 4(b) Untimeliness Objection When the Government Omits It from an Anders-Stage Summary-Affirmance Motion Despite Obvious Late Filing Case: United States v. Harris (2d Cir. Jan. 14,...
Successive Compassionate-Release Motions May Be Denied on Unchanged § 3553(a) Factors Despite Belated Remorse and Rehabilitation (United States v. Thai) 1. Introduction In United States v. Thai (2d...
Receivership Surplus After Full Restitution May Be Applied to Unpaid SEC Penalties; Commingling Favors Pro Rata Distribution and Defeats Constructive Trust Priority Introduction In SEC v. Marcus et...
Retroactive Terrorism Limitations Waiver Before Expiration; Ex Post Facto Limits on § 3A1.4 “Involved” Prong When Predicate Listing Post-Dates Conduct Case: United States v. Saab (2d Cir. Jan. 14,...
Rule 11(d)(2) Plea Withdrawal: Conclusory Claims of Pandemic Duress and Standby-Counsel Complaints Do Not Undermine a Sworn Plea Allocution Case: United States v. Houpe, No. 24-287 (2d Cir. Jan. 14,...
Corroboration as a Dispositive Ground in Domestic-Violence Asylum Claims (and No Need to Reach Particular Social Group Cognizability) I. Introduction Case: Inga-Carchi v. Bondi, No. 23-7734 (2d Cir....
Harmless-Error Application of Lora to § 924(j) Where Unchallenged Life Sentences Fix the Aggregate Term Introduction In Rivera v. United States (2d Cir. Jan. 13, 2026) (summary order),...
Knight v. City of New York — Partial Redressability and Credible-Prosecution-Risk Standing in Firearms Licensing Challenges Introduction In Knight v. City of New York (2d Cir. Jan. 13, 2026), the...
Ahmed v. Bondi: When Ineffective Assistance Is Apparent on the Record, Lozada May Be Excused—and the BIA Must Explain Its Prejudice Standard 1. Introduction In Ahmed v. Bondi (2d Cir. Jan. 13, 2026)...
Drug-Distribution Death Findings at Sentencing: Preponderance Proof Supports U.S.S.G. § 5K2.1 Upward Departure (and Harmless Error Where the Same Sentence Would Be Imposed as a Variance) Introduction...
Chen v. Bondi: Reaffirming that Multiple Interview–Hearing Inconsistencies and Missing Readily Available Corroboration Sustain an Adverse Credibility Finding Introduction In Chen v. Bondi (2d Cir....
Deferential Substantive-Reasonableness Review: Upholding a Below-Guidelines (Statutory-Max) Sentence for Murder-for-Hire Conspiracy Despite Claimed Provocation and Plea Mitigation Note on status:...
Promise-to-File Brief Rule: BIA May Summarily Dismiss and Reject Late Briefs Absent Persuasive Evidence of a Timely Extension Request 1. Introduction Case: Allaico-Murudumbay v. Bondi, No. 23-7365...
Corroboration and “Government Awareness” in U.S.-Based Online-Activism Asylum Claims; “Previously Available” Evidence Bars Reopening (Second Circuit) 1. Introduction In Mohamed v. Bondi (2d Cir. Jan....
FBAR Civil “Willfulness” Includes Recklessness; Treasury’s 6% Late-Payment Penalty Applies as Set by Regulation — United States v. Reyes (2d Cir. 2026) Introduction In United States v. Reyes, the...
Standard Sentencing Remarks Do Not Create Procedural Error When Followed by Case-Specific § 3553(a) Analysis Introduction In United States v. DeRosse (2d Cir. Jan. 7, 2026) (summary order), the...
Government Breaches Plea Agreement by Advocating Restitution Contrary to “Restitution: N/A”; Restitution Vacated and Remand to a Different Judge Introduction In United States v. Apolinaris (2d Cir....
United States v. Blake: Criminal History Points for DWAI and CREAMMA “Expungements” Stand Absent Preserved, Developed Guidelines Arguments; Minor-Role Relief Denied Where Defendant Admits Agreement...
Sovereign Immunity Bars Retroactive Monetary/Benefits Relief Against State Officials (Absent Ongoing Federal Violations), and § 1983 Claims Fail Without Nonconclusory Allegations of Personal...
Recorded “Context-Only” Informant Statements Do Not Trigger Confrontation; § 1001 Venue Lies Where the Lie Naturally Tends to Influence Decisionmaking Case: United States v. Whitehead, No. 24-1769-cr...