Harvey M. Stone and Richard H. Dolan
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano found that New York’s “recklessness” requirement for fourth-degree arson did not meet the more rigorous requirement of “purposefulness” for a “crime of violence” under the federal sentencing guidelines. Judge Nicholas G. Garaufis declined to dismiss claims of an antitrust conspiracy. And Judge Ann M. Donnelly granted in part, and denied in part, a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City’s OATH tribunal.
Fourth-Degree Arson Not a Crime of Violence
In United States v. Saunders, 18 CR 656 (EDNY, Jan. 28, 2020), Judge Vitaliano held that fourth-degree arson, New York Penal Law §150.05, is not a “crime of violence” for purposes of calculating the federal sentencing guidelines range. U.S.S.G. §4B1.2(a).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
