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 Frederic Block took steps to help an inmate change his security classification, set by the Bureau of Prisons in reliance on an obsolete Pre-Sentence Report. Judge Raymond Dearie held that a police officer who signed a complaint in a criminal case did not later receive absolute immunity from malicious prosecution charges by testifying in the grand jury. Judge Eric Vitaliano reduced a sentence in light of a post-sentence amendment to the Guidelines Manual. And Judge Arthur Spatt dealt with various issues relating to a press application for release of transcripts and exhibits in a sealed contempt proceeding.
Security Classification
In United States v. Jones, 09 CR 395 (S-1) (EDNY, June 25, 2012), Block recommended that the Bureau of Prisons (BOP) reconsider an incarcerated defendant’s “high security” classification, which was “based on an outdated Presentence Report (PSR) containing allegations rejected by the jury at trial and by the Court at sentencing.”
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