The U.S. Court of Appeals for the Second Circuit issued a summary order on January 6, 2026, partially vacating the conviction of defendant Caleb Apolinaris, who goes by the alias 'Kappa,' and remanding the case to the district court for further proceedings. The three-judge panel, consisting of Circuit Judges William J. Nardini, Steven J. Menashi, and Eunice C. Lee, delivered the non-precedential ruling in case number 25-334-cr.
The appeals court's order states: 'IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED in part and REMANDED.' The decision represents a partial victory for Apolinaris, who appealed from an amended judgment entered on February 12, 2025, by Chief Judge Margo K. Brodie in the U.S. District Court for the Eastern District of New York.
The case was argued at the Thurgood Marshall United States Courthouse at 40 Foley Square in New York City. Assistant United States Attorney Brachah Goykadosh represented the government, working under the supervision of U.S. Attorney Joseph Nocella Jr. for the Eastern District of New York. Attorney Dylan A. Stern also appeared on the government's brief. For the defense, Siobhan C. Atkins of the Federal Defenders of New York, Inc., Appeals Bureau represented Apolinaris.
While the specific nature of the original charges and the reasons for the partial vacation are not detailed in the summary order, the court's decision to remand suggests that certain aspects of the district court's judgment require reconsideration or correction. Summary orders like this one are commonly used by federal appeals courts to resolve cases without extensive written opinions when the legal issues are straightforward or when the court wishes to address procedural matters efficiently.
The Second Circuit's summary order includes important procedural guidance regarding the citation and use of such rulings. The court emphasizes that 'RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT,' meaning this decision cannot be used as binding authority in future cases. However, Federal Rule of Appellate Procedure 32.1 and the court's Local Rule 32.1.1 do permit citation to summary orders filed on or after January 1, 2007.
The citation rules require that parties referencing this summary order must cite either the Federal Appendix or an electronic database with the notation 'SUMMARY ORDER.' Additionally, any party citing the summary order must serve a copy on parties not represented by counsel, ensuring all participants in legal proceedings have access to the referenced material.
The Eastern District of New York, where the original case was prosecuted, handles a significant volume of federal criminal cases, including matters involving organized crime, drug trafficking, immigration violations, and white-collar crimes. The district court's jurisdiction covers Brooklyn, Queens, Staten Island, Nassau County, and Suffolk County.
Chief Judge Margo K. Brodie, who presided over the original case, was nominated to the federal bench by President Barack Obama in 2011 and has served as chief judge since 2021. Her extensive experience includes both civil and criminal matters, and she previously served as a magistrate judge in the same district.
The partial vacation and remand means that Apolinaris's case will return to the district court level for further proceedings. The specific instructions for remand are not detailed in the available portions of the summary order, but such actions typically involve reconsideration of sentencing, re-examination of specific legal issues, or correction of procedural errors identified by the appeals court.
For Apolinaris, the partial vacation represents a meaningful development in his criminal case, as it suggests the appeals court found merit in at least some of the arguments raised in his appeal. The involvement of the Federal Defenders of New York indicates that Apolinaris qualified for appointed counsel, typically based on indigency or other qualifying factors.
The case demonstrates the ongoing appellate process in federal criminal cases, where defendants maintain the right to challenge convictions and sentences through the federal appeals system. The Second Circuit, which covers New York, Connecticut, and Vermont, regularly reviews criminal appeals from district courts within its jurisdiction.
The summary order format allows the appeals court to dispose of cases efficiently while still providing meaningful review of district court decisions. While these orders lack precedential effect, they represent the court's considered judgment on the specific legal issues presented in each case.
The remand to the district court means that further proceedings in United States v. Apolinaris will continue at the trial court level, where Chief Judge Brodie or another district judge will address the specific issues identified by the Second Circuit panel.