Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Second Circuit affirmed a conviction for possessing child pornography, holding that a search warrant for a cellular phone validly authorized the examination of an SD card inserted into that device. The court ruled that the warrant's broad language covering electronic storage in any form included the removable flash memory card.
The Second Circuit affirmed Eric Tompkins's conviction, holding that a search warrant for a cellular phone validly authorized the examination of an SD card inserted into that device. The court ruled that the warrant's broad language covering 'electronic storage' encompassed the SD card as an integral component of the phone.
The Second Circuit reversed a district court dismissal, holding that a foreign defendant transacted business in New York by accepting online orders from New York residents, even without physical shipment. The court clarified that New York's long-arm statute requires a transaction, not a completed delivery, to establish personal jurisdiction over interactive websites.
The Ninth Circuit affirmed a 46-month prison sentence for a felon in possession of a firearm, ruling that the district court did not clearly err in applying a sentencing enhancement for reckless endangerment during flight. The court further held that the district court properly relied on Sentencing Commission data to address sentencing disparities and that the defendant forfeited arguments regarding a downward departure.
The Ninth Circuit affirmed the bribery and fraud convictions of a real estate developer who lavished gifts on a Los Angeles city councilmember to secure support for a skyscraper project. The court clarified that federal bribery laws require only the intent to influence an official act, not a formal agreement or a specific quid pro quo exchange.
The Second Circuit vacated a district court ruling that denied sovereign immunity to a foreign state's UN mission, holding that the employment of a non-diplomatic chauffeur for high-ranking officials may constitute a sovereign function rather than commercial activity. The appellate court found the lower court erred by shifting the burden of proof and failing to conduct a nuanced examination of the specific context surrounding the driver's duties.
The Second Circuit affirmed Rickey Johnson's convictions for making threatening interstate communications and threatening United States officials. The court rejected Johnson's claims regarding jury composition, hearsay admission, and witness charges, finding any errors harmless or non-existent.
The Ninth Circuit vacated a defendant's sentence because the district court incorrectly applied a career offender enhancement based on a prior California assault conviction. The panel held that the assault statute criminalizes reckless conduct, which fails to meet the Supreme Court's mens rea requirements for a federal crime of violence.
The Second Circuit held that proceeding to trial without a competency inquiry was objectively unreasonable given the petitioner's cyclical history of incompetence. The court reversed the district court's denial of habeas relief and remanded with instructions to issue a conditional writ.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, ruling that the Foreign Sovereign Immunities Act's state-sponsored terrorism exception bars immediate appeals under the collateral-order doctrine. Because the district court did not certify the order for immediate appeal under 28 U.S.C. § 1292(b), the appellate court lacks jurisdiction to review the immunity denial until the underlying litigation concludes.
