Filed: May 09, 2018
Latest Update: Mar. 03, 2020
Summary: 17-1498 United States v. Huntley UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDE
Summary: 17-1498 United States v. Huntley UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER..
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17‐1498
United States v. Huntley
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A
SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY
FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1.
WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST
CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION
ASUMMARY ORDER@). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY
PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 9th day of May, two thousand eighteen.
PRESENT: JOHN M. WALKER, JR.,
DENNIS JACOBS,
Circuit Judges,
KATHERINE B. FORREST,
District Judge.*
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐X
UNITED STATES OF AMERICA,
Appellee,
‐v.‐ 17‐1498
JOSEPH HUNTLEY,
* Judge Katherine B. Forrest, of the United States District Court for the Southern
District of New York, sitting by designation.
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Defendant‐Appellant.
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐X
FOR APPELLANT: Philip L. Weinstein, Federal
Defenders of New York, Inc., New
York, NY.
FOR APPELLEE: Karl Metzner (Timothy V. Capozzi,
on the brief), Assistant United States
Attorneys, for Geoffrey S. Berman,
United States Attorney for the
Southern District of New York, New
York, NY.
Appeal from a judgment of the United States District Court for the
Southern District of New York (Sullivan, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED that the judgment of the district court be
AFFIRMED.
Defendant‐appellant Joseph Huntley appeals from a May 5, 2017 judgment
convicting him, following a guilty plea, of being a felon in possession of a firearm,
in violation of 18 U.S.C. § 922(g)(1), as well as the same court’s judgment revoking
supervised release. On appeal, Huntley argues that the government steered his
firearms offense case to the judge presiding over his supervised release violation,
which undermined the basic fairness of the proceedings and violated due process
because that judge had already warned that Huntley would be treated harshly.
We assume the parties’ familiarity with the underlying facts, the procedural
history, and the issues presented for review.
To begin, the appellant lacks standing to appeal an assignment decision by
the Assignment Committee of the Southern District of New York. As the
government explains, the preamble to the Rules for the Division of Business
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Among District Judges for the Southern District of New York (“Rules for the
Division of Business”) states that “[t]hese rules are adopted for the internal
management of the case load of the court and shall not be deemed to vest any
rights in litigants or their attorneys . . .” Id. at 101.
Even if Huntley had standing to appeal the assignment of his firearms
offense to Judge Sullivan, the government did not violate any of the Court’s Local
Rules. Rather, the government’s July 21, 2016 letter advised the court of the
overlapping nature of Huntley’s two cases, as is common practice for the
government. See e.g., United States v. Borker, No. 10‐CR‐1266 (RJS), No.
17‐CR‐391 (PGG) (June 22, 2017 letter). Contrary to Huntley’s assertions, the
government made clear that the cases were not related for the purposes of Rule 13
of the Rules for the Division of Business, nor did the Assignment Committee treat
the cases as such. The firearms offense case was reassigned to Judge Sullivan for
efficiency reasons, and done under Rule 14 of the Rules for the Division of
Business.
Huntley’s allegation that the perceived unfairness of the proceedings
violated his due process rights rests on the false premise that the government
improperly steered the firearms offense to a specific judge. Huntley deems it
suspicious that the July 21, 2016 letter was dispatched immediately after Judge
Sullivan warned Huntley that he would have to face the consequences of
violating his parole. But, as noted, such letters constitute a common practice; as
Huntley’s own brief concedes: “[i]t is common for a sentencing Judge to warn a
defendant of harsh consequences for any violation of supervised release.”
Appellant’s Br. at 13.
Accordingly, the order of the district court is AFFIRMED.
FOR THE COURT:
CATHERINE O’HAGAN WOLFE, CLERK
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