This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano found that New York’s “recklessness” requirement for fourth-degree arson did not meet the more rigorous requirement of “purposefulness” for a “crime of violence” under the federal sentencing guidelines. Judge Nicholas G. Garaufis declined to dismiss claims of an antitrust conspiracy. And Judge Ann M. Donnelly granted in part, and denied in part, a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City’s OATH tribunal.

Fourth-Degree Arson Not a Crime of Violence

In United States v. Saunders, 18 CR 656 (EDNY, Jan. 28, 2020), Judge Vitaliano held that fourth-degree arson, New York Penal Law §150.05, is not a “crime of violence” for purposes of calculating the federal sentencing guidelines range. U.S.S.G. §4B1.2(a).