In this case, a unanimous Supreme Court held that “the issue-preclusion component of the Double Jeopardy Clause does not bar the Government from retrying defendants, like petitioners, after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for legal error unrelated to …

In this much-anticipated decision, the Supreme Court issued a unanimous, but narrow, ruling regarding criminal tipper/tippee liability for insider trading, a topic which the Supreme Court had not significantly addressed since its decision in Dirks v. S.E.C., 436 U.S. 646 (1983). In Dirks, the Court held that a tippee (i.e., …

Here the Court provided a comprehensive guide to the rules governing the admission of social media evidence in Federal criminal prosecutions; and rejected the contention that Facebook Chats are "self-authenticating" as business records under Rule 902(11).

The opening paragraph of Judge Krause’s opinion explains setting for her enlightening and timely …

In the 07/11/16 issue of P&J, we noted that the Second Circuit’s child pornography sentencing decision in U.S. v. Brown, 826 F.3d 51 (2d Cir. June 14, 2016) (Brown I) was a “curious sentencing decision from which it is hard to derive any discernable lesson.” In that earlier decision, a …

This is a rare sentencing case that proves that it’s never too late to seek appellate review of a sentence.

Here, the defendant, Terry Taylor, was originally sentenced in 2005 to a term of 300 months in prison for possessing a shot-gun illegally. For reasons that are not explained, that …

This is a curious sentencing decision in which the Court concluded that the Sentencing Commission’s method of calculating losses “may” have overstated the seriousness of the offenses in this fraud case which “may” justify a different sentence.

This is another curious sentencing decision from the Second Circuit that first raised …