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Federal Appeals Court Releases 2 Lawyers Charged in Molotov Cocktail Case NY Weekly Roundup 7-3-20
In today’s New York Weekly Roundup we’ll be discussing the latest in developments of Federal and New York criminal law, criminal appeals, and post-conviction relief.
Cases that we’ll cover include intellectual disability, mental competence, Murder in the Second Degree, Attempted Murder in the Second Degree, plea allocution, Grand Larceny in the Fourth Degree, challenge for cause, jury selection, Assault in the Second Degree, Youthful Offender, Amended Indictment, Sexual Abuse in the First Degree, knowing and voluntary plea, 42 U.S.C. § 1983, excessive force, police brutality, bail, Colinford Mattis, Urooj Rahman, and more.
Continue reading this week’s roundup or watch this roundup episode on YouTube.
Colinford Mattis and Urooj Rahman, two attorneys in New York City, have been formally charged with throwing a Molotov cocktail into an NYPD car on May 30, 2020 during a protest related to the George Floyd case from Minneapolis. The incident was captured on video, and the defendants were photographed with Molotov cocktails before the incident.
The Indictment, filed in the United States District Court for the Eastern District of New York, charges them with
Count # 1 – Use of Explosives (18 U.S.C. § 844(f)(1) and (2)) – 5-20 years imprisonment (mandatory minimum of 5 years)
Count # 2 – Arson (18 U.S.C. § 844(i)) – 5-20 years imprisonment (mandatory minimum of 5 years)
Count # 3 – Using an Explosive to Commit a Felony (18 U.S.C. § 844(h)(1)) – mandatory 10 years imprisonment CONSECUTIVE to other counts (so it is a + 10 on top of anything else she gets)
Count # 4 – Conspiracy to Commit Arson (18 U.S.C. § 844(n)) – 5-20 years imprisonment (mandatory minimum of 5 years)
Count # 5 – Use of a Destructive Device (18 U.S.C. § 924(c)(1)(B)(ii)) – mandatory minimum of 30 years CONSECUTIVE to other counts
Count # 6 – Civil Disorder (18 U.S.C. § 231(a)(3)) – up to 5 years imprisonment
Count # 7 – Possessing and Making an Incendiary Device (26 U.S.C. § 5861(d) and (f)) – up to 5 years imprisonment
Each faces up to life imprisonment.
After the District Court released the two Defendants on bail, the Government appealed to the United States Court of Appeals for the Second Circuit, seeking to revoke their bail. The Court of Appeals ordered the defendants re-incarcerated pending the bail appeal.
The Second Circuit denied the Government’s appeal of the District Court’s bail determination. The Second Circuit held that the District Court did not clearly err in finding that the presumption of detention was overcome, given the strong community ties, lack of prior criminal record, and defendants’ status as licensed attorneys. A bond of $250,000.00 with home detention conditions was upheld. Both defendants have been released.
Putting politics aside, these decisions are an excellent roadmap for the Federal bail process and provide lawyers with good case law and arguments to make in support of bail applications.
The New York Weekly Roundup – Criminal Appeals is a blog and video podcast by appeals lawyer Patrick Michael Megaro summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of New York. Each week we digest the latest reversed convictions throughout the New York Appellate Divisions and the New York Court of Appeals, as well as the United States Court of Appeals and the United States Supreme Court.
This is a FREE service designed to give you the cutting edge of developments in New York criminal law, appeals, and post-conviction relief.
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