United States v. Thompson, No. 18-74 (2d Cir. 2019)Annotate this Case
Defendant appealed his sentence of 60 months in prison for cyberstalking and making hoax threats. The Second Circuit held that the district court erred in applying a two-level sentencing enhancement under USSG 2A6.2(b)(1)(A) for violation of a court protection order. In light of the new requirements Amendment 805 imposed, the district court erred by asking only whether, under New York law, defendant was on notice of the issuance and contents of the order. The court held that defendant did not receive service of the disputed ex parte order in accordance with New York law and thus, that the issuing court ever exercised personal jurisdiction over defendant. Therefore, the court remanded to the district court for further proceedings.