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Posts Categorized: Statutory Interpretation

Posted: February 18, 2020

Judge Vitaliano Holds that NY Penal Law § 150.05 (Fourth-Degree Arson) Is Not Prior “Crime of Violence” for Purposes of Sentencing Guidelines Calculation

Posted by Solomon N. Klein, Litigation Partner In a ruling involving a “very close question” of first impression in this District, Judge Vitaliano held that the recklessness standard applicable to fourth-degree arson in New York was not sufficiently “purposeful” to qualify as a prior “crime of violence” under the “career offender” provisions of the sentencing... Read more »

Posted: May 19, 2014

Second Circuit Affirms EDNY Interpretation Of Child Pornography Statute

On May 15, 2014, the Second Circuit issued a decision in United States v. Lockhart, Docket No. 13-602-CR, applying several canons of statutory interpretation to a child pornography statute. In Lockhart, the EDNY sentenced the defendant to a minimum term of ten years for possessing child pornography, following “18 U.S.C. § 2252(b)(2), which requires a minimum term... Read more »