Search | Punch and Jurists

U.S. v. Watkins, No. 10-2971-cr (2nd Cir.) (667 F.3d 254) (January 26, 2012) (Judge Roger J. Miner)

Article • December 1, 2012

Filed under: Punch And Jurists, Adequacy

U.S. v. Watkins, No. 10-2971-cr (2nd Cir.) (667 F.3d 254) (January 26, 2012) (Judge Roger J. Miner) by On appeal of a sentence imposed after a guilty plea to a charge of transporting a minor in interstate commerce with intent to engage in criminal sexual activity, the sentence is affirmed, …

U.S. v. Roccisano, No. 10-5237-cr (2nd Cir.) (673 F.3d 153) (March 14, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Roccisano, No. 10-5237-cr (2nd Cir.) (673 F.3d 153) (March 14, 2012) (Per Curiam) by A 46-month sentence for a foreign national's illegal reentry into the United States is affirmed, where: 1) the district court did not err in assessing the defendant a two-point criminal history enhancement for having …

Huppe v. WPCS Interrnational, Inc., No. 08-4463-cv (2nd Cir.) (670 F.3d 214) (January 20, 2012) (Judge Barrington D. Jr. Parker)

Article • December 1, 2012

Filed under: Punch And Jurists, Limited Partner Liability

Huppe v. WPCS Interrnational, Inc., No. 08-4463-cv (2nd Cir.) (670 F.3d 214) (January 20, 2012) (Judge Barrington D. Jr. Parker) by [Editors Note: For a commentary on this decision, see "Circuit Applies Insider Rules to Partners Who Cede Control," by Mark Hamblett, as published in the New York Law Journal …

Capital Mgmt. Select Fund, Ltd v. Bennett, No. 08-6166-cv (L) (2nd Cir.) (670 F.3d 194) (January 10, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Rule 10(b)(5)

Capital Mgmt. Select Fund, Ltd v. Bennett, No. 08-6166-cv (L) (2nd Cir.) (670 F.3d 194) (January 10, 2012) (Judge Ralph K. Jr. Winter) by In a securities fraud action stemming from a broker's rehypothecation or other use of securities and other property held in customer brokerage accounts, the district court's …

U.S. v. Broxmeyer, No. 10-5283-cr (2nd Cir.) (699 F.3d 265) (August 28, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists, Child Pornography

U.S. v. Broxmeyer, No. 10-5283-cr (2nd Cir.) (699 F.3d 265) (August 28, 2012) (Judge Reena Raggi) by In a conviction of a former high school athletic coach for attempting to produce child pornography and possessing child pornography, district court's imposition of a 30-year prison sentence is affirmed where: 1) defendant …

U.S. v. Murphy, No. 11-2978-cr (2nd Cir.) (703 F.3d 182) (December 4, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, In Custody

U.S. v. Murphy, No. 11-2978-cr (2nd Cir.) (703 F.3d 182) (December 4, 2012) (Judge Raymond J. Jr. Lohier) by In government's appeal from district court's order suppressing both the physical evidence seized during the car search and the defendants' post-arrest statements, the order is affirmed, where: 1) the district court's …

U.S. v. Wernick, No. 10-2974-cr (2nd Cir.) (691 F.3d 108) (August 8, 2012) (Judge Gerard E. Lynch)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Wernick, No. 10-2974-cr (2nd Cir.) (691 F.3d 108) (August 8, 2012) (Judge Gerard E. Lynch) by [Editor's Note: For a commentary on this decision, see "Finding that 'Relevant' Conduct is not 'Relevant Conduct,' the Circuit Remands ," by Steve Statsinger, as posted on the Second Circuit Blog on …

Giraldo v. Kessler, No. 11-2367-cv (2nd Cir.) (694 F.3d 161) (September 14, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Absolute Prosecutorial Immunity

Giraldo v. Kessler, No. 11-2367-cv (2nd Cir.) (694 F.3d 161) (September 14, 2012) (Judge Ralph K. Jr. Winter) by In a section 1983 suit, alleging that defendants' interrogation of plaintiff following the arrest of her boyfriend, former New York State Senator Hiram Moserrate, violated her civil rights, district court's denial …

U.S. v. Diamreyan, No. 10-3575 (2nd Cir.) (684 F.3d 305) (July 3, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Email and IP Addresses

U.S. v. Diamreyan, No. 10-3575 (2nd Cir.) (684 F.3d 305) (July 3, 2012) (Per Curiam) by Sentence for conviction on three counts of wire fraud in violation of 18 U.S.C. sections 1343 and 2 is affirmed where the district courts may rely on unique email addresses in assessing a defendant’s …

Rivas v. Fischer, No. 10-1300-pr (2nd Cir.) (687 F.3d 514) (July 9, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Exceptions

Rivas v. Fischer, No. 10-1300-pr (2nd Cir.) (687 F.3d 514) (July 9, 2012) (Judge Jose A. Cabranes) by Denial of petition for writ of habeas corpus under 28 U.S.C. section 2254 as time barred is reversed and relief granted where, although the petition was not timely filed and petitioner is …

U.S. v. Robinson, No. 11-301-cr (2nd Cir.) (702 F.3d 22) (November 30, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Robinson, No. 11-301-cr (2nd Cir.) (702 F.3d 22) (November 30, 2012) (Judge Jose A. Cabranes) by In appeal from conviction on two counts of sex trafficking of a minor, judgment is affirmed, where: 1) the court concludes, in a matter of first impression, that an evidentiary provision added …

Marcavage v. City of New York, No. 10-4355-cv (2nd Cir.) (689 F.3d 98) (August 2, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: First Amendment, Punch And Jurists

Marcavage v. City of New York, No. 10-4355-cv (2nd Cir.) (689 F.3d 98) (August 2, 2012) (Judge Dennis G. Jacobs) by In plaintiffs' suit under 42 U.S.C. section 1983, arising from their arrest while protesting at the 2004 Republican National Convention at Madison Square Garden, district court's grant of summary …

U.S. v. Moreno, No. 10-3567-cr (2nd Cir.) (701 F.3d 64) (November 20, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Moreno, No. 10-3567-cr (2nd Cir.) (701 F.3d 64) (November 20, 2012) (Judge Debra Ann Livingston) by In appeal from conviction for heroin related crimes, judgment is affirmed because the district court did not err in denying defendant's motion to suppress evidence seized from her motel room, where: 1) …

U.S. v. Nkansah, No. 10-2441-cr (2nd Cir.) (699 F.3d 743) (November 8, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Nkansah, No. 10-2441-cr (2nd Cir.) (699 F.3d 743) (November 8, 2012) (Judge Ralph K. Jr. Winter) by In appeal from conviction for various fraud and identity theft crimes, judgment is affirmed in part, vacated in part, and remanded for resentencing, where: 1) there was insufficient evidence for defendant's …

U.S. v. Davis, No. 10-4104-cr (2nd Cir.) (690 F.3d 127) (August 24, 2012) (Judge John M. Jr. Walker)

Article • December 1, 2012

Filed under: Punch And Jurists, Resisting Arrest

U.S. v. Davis, No. 10-4104-cr (2nd Cir.) (690 F.3d 127) (August 24, 2012) (Judge John M. Jr. Walker) by Defendant's convictions for narcotics offenses and resisting arrest are affirmed in part and vacated in part and remanded where: 1) the circumstances in this case easily permitted an inference that defendant, …

Corby v. Artus, No. 11-1650-pr (2nd Cir.) (699 F.3d 159) (October 10, 2012) (Judge John M. Jr. Walker)

Article • December 1, 2012

Filed under: Limitations, Punch And Jurists

Corby v. Artus, No. 11-1650-pr (2nd Cir.) (699 F.3d 159) (October 10, 2012) (Judge John M. Jr. Walker) by In appeal from judgment granting petitioner a writ of habeas corpus, judgment is reversed, where petitioner's Confrontation Clause rights were not violated by the lower court's decision to bar petitioner from …

U.S. v. Siddiqui, No. 10-3916-cr (2nd Cir.) (699 F.3d 691) (November 4, 2012) (Judge Richard C. Wesley)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Siddiqui, No. 10-3916-cr (2nd Cir.) (699 F.3d 691) (November 4, 2012) (Judge Richard C. Wesley) by In appeal by defendant, a Pakistani national, from conviction that included attempted murder and armed assault of U.S. nationals, officers and employees, judgment is affirmed where the district court: 1) properly denied …

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (699 F.3d 682) (November 8, 2012) (Judge Peter W. Hall)

Article • December 1, 2012

Filed under: Punch And Jurists, Voir Dire

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (699 F.3d 682) (November 8, 2012) (Judge Peter W. Hall) by In appeal from conviction for immigration fraud, judgment is vacated and remanded where, under the particular circumstances of this case, the district court's intentional exclusion of the public from the courtroom during …

U.S. v. Litwok, No. 10-1985-cr (2nd Cir.) (678 F.3d 208) (April 30, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, Misjoinder

U.S. v. Litwok, No. 10-1985-cr (2nd Cir.) (678 F.3d 208) (April 30, 2012) (Judge Raymond J. Jr. Lohier) by In a prosecution on one count of mail fraud and three counts of tax evasion relating to calendar years 1995 through 1997: 1) convictions on counts of tax evasion for the …

U.S. v. Davis, No. 10-3424-cr(L) (2nd Cir.) (689 F.3d 179) (August 8, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Davis, No. 10-3424-cr(L) (2nd Cir.) (689 F.3d 179) (August 8, 2012) (Judge Reena Raggi) by Defendant's convictions for conspiring and attempting to commit Hobbs Act robberies, firearm and drug-related crimes, are affirmed, as the venue in the Southern District of New York for prosecution of the attempted Hobbs …