United States v. Borden
Opinion of the Court
This is a renewed appeal following our remand to the District Court to determine whether the Appellant, James Borden, is entitled to a new trial because of the admission in evidence of the plea allocution of co-defendant Hatem Saleh. Admission of Saleh’s plea allocution was erroneous in light of the Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), decided after Borden’s conviction. As Judge Cote recognized, Crawford applies to cases like Borden’s that were pending on direct review when Crawford was decided.
Borden also seeks a further remand, pursuant to United States v. Crosby, 397 F.3d 103, 117 (2d Cir. 2005), to afford the District Court an opportunity to determine whether to resentence in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The Government consents to a Crosby remand.
We have considered Borden’s remaining contentions and conclude that they lack merit.
Accordingly, the District Court’s ruling denying the motion for a new trial is affirmed, and the case is remanded, pursuant to Crosby, to determine whether the District Court wishes to resentence, and, if so, to proceed with resentencing.
Reference
- Full Case Name
- United States v. James BORDEN
- Cited By
- 1 case
- Status
- Published