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Justia Daily Opinion Summaries

US Court of Appeals for the Second Circuit
April 21, 2020

Table of Contents

United States v. Cotto

Criminal Law

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US Court of Appeals for the Second Circuit Opinions

United States v. Cotto

Docket: 18-2970

Opinion Date: April 20, 2020

Judge: Leval

Areas of Law: Criminal Law

A conviction for retaliating against a witness in violation of 18 U.S.C. 1513 does not require that the Government prove that defendant had knowledge of the federal nature of the proceeding. The Second Circuit rejected defendant's arguments to the contrary and affirmed his conviction for retaliating against a witness. The court remanded for revision of the provision of the sentence relating to the substance abuse treatment condition of supervised release; instructed the district court to consider on remand whether the court's forthcoming order in United States v. Traficante, No. 18-1962 (2d Cir., submitted Oct. 25, 2019) requires modification of the risk notification provision of supervised release; and granted the parties leave to reinstate this appeal to permit review of the district court's decision on remand as to the risk notification provision.

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