UNITED STATES of America, Appellant,
v.
Gerald SCOTT, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued En Banc: November 6, 2020.
Decided: March 2, 2021.
Attorney(s) appearing for the Case
Won S. Shin ( Catherine E. Ghosh , on the brief), Assistant United States Attorneys, for Audrey Strauss , United States Attorney for the Southern District of New York, New York, NY, for Appellant.
Matthew B. Larsen , Federal Defenders of New York, New York, NY, for Defendant-Appellee.
Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Samuel C. Leifer , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Peter Goldberger, Ardmore, PA, for amicus curiae FAMM.
Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Samuel C. Leifer , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Richard D. Willstatter , Green & Willstatter, White Plains, NY, for amicus curiae Counsel for New York State Association of Criminal Defense Lawyers.
Thomas C. Goldstein , Goldstein & Russell, P.C., Bethesda, MD, for amici curiae National Association for Public Defense, Arizona Attorneys for Criminal Justice, the Human Rights Defense Center, the Illinois Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, the National Legal Aid & Defender Association, and the Office of the Defender General in Vermont.
Pooler, J., filed a dissenting opinion in which Leval and Carney, JJ., joined as to Parts I-IV.
Reena Raggi, Circuit Judge, joined by Debra Ann Livingston, Chief Judge, José A. Cabranes, Denny Chin, Richard J. Sullivan, Joseph F. Bianco, Michael H. Park, William J. Nardini, Circuit Judges, and joined in part by Steven J. Menashi, Circuit Judge.
INTRODUCTION
Defendant-appellee Gerald Scott is a violent criminal, who has repeatedly...
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