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United States v. Wells & Rhodes, no. 10-1266-cr (April 28, 2011) (obstruction of justice). Defendants were convicted of making various false statements and obstructing of justice all of which arose from an investigation into the abuse of inmates at the privately owned prison at which they worked. On appeal, the Second Circuit rejected the defendants’ claim that 18 U.S.C. § 1519 required showing a nexus between the conduct and an official proceeding (as required by United States v. Aguilar, 515 U.S. 593 (1995), for certain other statutes) because the plain language of § 1519 indicated that Congress did not intend for there to be a nexus between the conduct and an official proceeding. The Second Circuit also concluded that the fact that the private prison contracted with the United States Marshals Service was sufficient make the prison’s internal investigation a “matter within the jurisdiction” of the Department of Justice as required § 1519’s jurisdictional requirement.
Dillon v. Conway, no. 08-4030-pr (April 26, 2011) (habeas, equitable tolling). Given the facts of the case, attorney’s misunderstanding as to date on which AEDPA’s one-year statute of limitations would run amounted to extraordinary circumstances sufficient to justify equitable tolling and district court’s conclusion to the contrary was erroneous.
United States v. Curley, no. 09-3314-cr (April 25, 2011) (F.R.E. 404(b)). Defendant was convicted of interstate stalking and harassment of spouse (18 U.S.C. §§ 2261A, 2262(a)(1)), following a trial in which evidence regarding the defendant’s brother’s abuse of the same victim was admitted. On appeal, the Second Circuit determined that evidence regarding abuse the victim suffered at the hands of the defendant’s brother in the early 1990’s had limited probative value and had no real purpose other than to raise prejudice against the defendant. Similarly, the Second Circuit determined that evidence of a post-arrest incident in which the defendant was stopped while driving a possibly stolen car and while carrying three rifles, ammunition, a bulletproof vest, a ski mask, and his last will and testament had also been admitted erroneously.
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