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" ... In another striking passage, the majority references the Circuit’s prior decision in Chrzanoski v. Ashcroft, notes that Chrzanoski was abrogated by the Supreme Court’s decision in United States v. Castleman, and then cites a prior Second Circuit panel’s observation along these lines in a case called Villanueva v. United States. But the majority continues, with a biting observation, stating, “[a]pparently, Villanueva did not make the point [that Castleman overruled Chrzanoski] clearly enough, however, because Scott maintains—incorrectly—that Chrzanoski remains good law with respect to crimes that can be committed by omission.” The observation that “[a]pparently, Villanueva did not make the point clearly enough” strikes a somewhat chiding tone that is amplified by the fact that two of the dissenting judges in the en banc—Judge Leval and Judge Pooler—were on the panel that decided Villanueva. (Judge Leval joined Judge Newman’s opinion for the Court in Villaneuva, and Judge Pooler dissented. Indeed, in her en banc dissent, Judge Pooler explains her disagreement with the majority’s analysis in Villanueva at some length.) ... "