Second Circuit -- U.S. v. Simels

U.S. v. Simels

Govt used confidential informant who conversed with the suspect's attorney - led to obstruction of justice charges against atty for attempting to bribe & threaten witnesses.

No holding on whether attorney can assert third-party standing to argue client's 6A harms.


Atty's misrepresentation to prison officials as to another client  justified the investigation of the attorney.


No privileged information passed, so no 6A violation.


No error in allowing CI to testify to unrelated intimidation against him.


No error in restricting atty deft to yes/no, in order to diffuse the tension between the witness and the prosecutor.


No error in allowing wiretaps barred by Title III in for impeachment.

As import ban statute prohibits items that "can be used" to do certain things, inoperable objects are not covered.


Sufficient evidence of a substantial step towards witness intimidation.


Where judge agrees to recommend imprisonment at a certain location, and it subsequently comes to light that the location requires a BOP waiver which the judge declines to issue, no error in sentencing under a misapprehension.


Sentence at bottom of range not unreasonable.