Legal Commentary

Second Circuit Issues Notable Decisions Applying Rule of Lenity

The New York State Association of Criminal Defense Lawyers recently published its winter edition of Atticus, showcasing the two impressive honorees at the upcoming annual dinner of the NYSACDL Foundation, Chief Judge Jonathan Lippman and David Ruhnke, Esq.  In it, I also have an article addressing three recent Second Circuit decisions of note: United States v. Banki (reach of a regulatory crime narrowed under the rule of lenity); United States v. Lee (government abused its authority when it withheld a third ?acceptance of responsibility? point because the defendant had challenged errors in his presentence report); and United States v. Rivera (ameliorating ?shameful inequalities? of crack-cocaine disparity by applying the rule of lenity to an ambiguous sentencing guideline).  It is available here.

The NYSACDL Foundation?s annual dinner is this Thursday, January 26, at the Prince George Ballroom.  If last year?s elegantly fast-paced event is anything to go by, this will be a memorable celebration of two champions of criminal defendants? rights and indigent defendants in particular, and the New York State criminal defense community in general.  Tickets (which are fast disappearing) are available here.

Finally, a belated Happy New Year to my loyal readers from snowy Minnesota, where I have assumed a position as Practitioner in Residence at the University of Minnesota Law School for the 2011-12 academic year.

Full post as published by New York Federal Criminal Practice on January 21, 2012 (boomark / email).