Federal Defenders of New York Blog

United States v. Fabian, No. 22-1247-cr (2d Cir. Mar. 25, 2026) (Livingston, Lynch (writing), Menashi, Circuit Judges The Second Circuit affirmed Fabian’s conviction and 15-year sentence for conspiring to distribute crack cocaine. Fabian raised a host of challenges to his conviction and sentence, but the panel placed at “the forefront of this appeal” the district ...

United States v. Pence, No. 24-1025-cr (2d Cir. Apr. 10, 2026) (Cabranes, Chin (writing), Robinson, Circuit Judges). In a decision the panel described as “a close call,” the Second Circuit affirmed the district court’s denial of Pence’s motion to suppress statements he made to agents before they gave Miranda warnings. In an opinion by Judge ...

In United States v. Brown, No. 24-1227 (2d Cir. Apr. 21, 2026), the Circuit (by Judge Sullivan, joined by Judges Wesley and Park) affirmed the district court’s imposition of a special condition of supervised release authorizing the probation office to conduct constant, suspicionless monitoring of “all activity” on internet-capable devices used by Brown, including those ...

The Second Circuit reversed a material support conviction under 18 U.S.C. § 2339B where a lone-wolf attacker discharged an explosive after consuming ISIS propaganda online, adopting ISIS slogans, and telling investigators he acted “on behalf of the Islamic State” – but having no actual connection to or relationship with ISIS. On this evidence, the majority ...