2nd Circuit Court of Appeals

Campbell v. Broome County, civil case, docket 25-406, April 9th

Campbell v. Broome County, civil case, docket 25-406, April 9th

United States v. Barrett - Firearms Conviction Sentencing Appeal

The Second Circuit withdrew Part III.A.2.c. of its prior opinion and affirmed in part, vacated in part the judgment of the Southern District of New York, remanding for resentencing consistent with the Supreme Court's decision in Barrett v. United States. The Supreme Court held that Congress has not authorized convictions under both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) for one act that violates both provisions.

United States v. Pence - Murder-for-Hire Conviction Affirmed

The Second Circuit affirmed Christopher Pence's conviction for use of a facility of interstate commerce in connection with murder-for-hire under 18 U.S.C. § 1958. The court upheld the district court's denial of Pence's motion to suppress statements made to FBI agents before receiving Miranda warnings, finding the Government proved by a preponderance that Pence was not in custody during the interrogation. A reasonable person in Pence's circumstances would not have believed he was in custody.

United States v. Manuel Zumba Mejia, Second Circuit Appeal

United States v. Manuel Zumba Mejia, Second Circuit Appeal

Campbell v. Broome County, 2d Cir., Affirms in Part, Vacates in Part, Remands Firearms Seizure Claim

The Second Circuit affirmed the District Court for the Northern District of New York's sua sponte dismissal of pro se plaintiff David John Campbell's 42 U.S.C. § 1983 complaint against Broome County, the City of Binghamton, and various officials, finding the amended complaint largely factually frivolous and failing to allege personal involvement or municipal policy. The appellate court vacated and remanded only the claim against Officer Nicholas Mushalla for allegedly unreasonable seizure of firearms and other items from plaintiff's home, which was not addressed in the companion case Campbell v. City of Binghamton.

United States v. Barrett - Firearms Conviction and Sentencing Review Under 18 U.S.C. § 924

The Second Circuit Court of Appeals issued a decision in United States v. Barrett (No. 21-1379) on remand from the Supreme Court. The court withdrew Part III.A.2.c. of its prior opinion and affirmed in part, vacated in part, and remanded the case to the Southern District of New York for resentencing consistent with the Supreme Court's ruling in Barrett v. United States, 146 S. Ct. 482 (2026). The Supreme Court had clarified that Congress has not authorized convictions under both 18 U.S.C. §§ 924(c)(1)(A)(i) and (j) for one act that violates both provisions.

United States v. Pence - Murder-for-Hire Conviction Affirmed, Miranda Custody Issue Resolved

The Second Circuit affirmed Christopher Pence's conviction for use of a facility of interstate commerce in connection with murder-for-hire. The court upheld the district court's denial of Pence's motion to suppress statements made to law enforcement before receiving Miranda warnings. The court held that the government proved by a preponderance of the evidence that Pence was not in custody when he confessed, as a reasonable person in his circumstances would not have believed he was in custody. Pence had used the dark web to hire a hitman to murder the Cordero family for $16,486.06 in Bitcoin.

Goklu Convicted Money Laundering, Bitcoin Cash Exchanges

Goklu Convicted Money Laundering, Bitcoin Cash Exchanges

Cruz v. Banks - Affirmed (IDEA/IEP Classroom Placement Challenge)

The Second Circuit affirmed the district court's judgment in Cruz v. Banks, holding that New York classroom size regulations under 8 N.Y.C.R.R. § 200.6(h)(4) provide alternative placement options for students with disabilities, not stacking requirements. The court deferred to the State Review Officer's educational expertise in selecting the 12:1:4 classroom placement for student O.F. with severe multiple disabilities and highly intensive management needs.

USA v. Manuel Zumba Mejia - Illegal Reentry Conviction Affirmed

The Second Circuit reversed the district court's dismissal of criminal charges against Manuel Zumba Mejia for illegal reentry under 8 U.S.C. § 1326. The appellate court held that under the Supreme Court's Palomar-Santiago decision, § 1326(d)'s exhaustion and judicial-review requirements are mandatory and cannot be excused, expressly abrogating the Circuit's prior Sosa rule. The case has been remanded for further proceedings.