Jason L. Russo, Esq.
Jason L. Russo, a former New York prosecutor with 25 years of experience in criminal law, is a partner at Gaitman & Russo, LLP, a boutique law firm practicing Federal and State criminal defense, criminal appeals, and post-conviction relief. He can be reached directly at 877-707-5659 or at https://www.notguiltyli.com/contact-us/
In today’s Second Circuit Criminal Caselaw Roundup we’ll be
discussing the latest in developments of Federal criminal law, criminal
appeals, and post-conviction relief from the United States Court of Appeals for
the Second Circuit.
Cases we’ll cover include murder in aid of racketeering, RICO, murder, 18 U.S.C. § 1959, Hobbs Act, Hobbs Act Robbery, conspiracy to distribute cocaine, ineffective assistance of counsel, 28 U.S.C. § 2255, Certificate of Appealability, and more.
The Second Circuit Criminal Caselaw Roundup is a blog and video podcast by criminal defense and appeals lawyer Jason L. Russo, summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the United States Court of Appeals for the Second Circuit. Each week we digest the latest reversed decisions of interest from United States Court of Appeals for the Second Circuit and the United States Supreme Court.
This is a FREE service designed to give you the cutting edge of developments in Federal criminal law, criminal appeals, and post-conviction relief.
Visit us at www.notguiltyli.com
CLICK TO READ Marvin Johnson v. United States, Docket # 22-68-PR
Defendant was convicted after a jury trial of murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), drug-related murder, in violation of 21 U.S.C. § 848(e)(1), Hobbs Act robbery conspiracy, in violation of 18 U.S.C. § 1951(a), conspiracy to distribute cocaine and marijuana, in violation of 21 U.S.C. § 846, and unlawful use of a firearm, in violation of 18 U.S.C. § 924(c)(1). The district court sentenced him to concurrent terms of life imprisonment on each of the two murder counts and the drug distribution count. It also imposed a concurrent 20-year term of imprisonment for the Hobbs Act count and a consecutive 10-year term of imprisonment on the unlawful use of a firearm count, for a total sentence of life imprisonment plus 10 years.
He later filed a motion to vacate his conviction under 28 U.S.C. § 2255 claiming that counsel was ineffective for not conveying a plea offer from the Government. Without holding a hearing or obtaining affidavits from the United States Attorney or the original defense lawyer, the District Court denied the motion and also denied his request for a Certificate of Appealability. The Second Circuit granted a Certificate of Appealability, and ultimately held that the District Court should have either held an evidentiary hearing or obtained affidavits sufficient to determine: (1) whether a formal plea offer was made to Johnson’s trial counsel, and if so, the contents of that plea offer and (2) if a formal plea offer was made, whether Johnson’s trial counsel was constitutionally ineffective for failing to convey the plea offer to Johnson. Case reversed and remanded to the District Court.
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SPECIFIC SEARCH TERMS (TAGS)
murder in aid of racketeering, RICO, murder, 18 U.S.C. § 1959, Hobbs Act, Hobbs Act Robbery, conspiracy to distribute cocaine, ineffective assistance of counsel, 28 U.S.C. § 2255, Certificate of Appealability
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