Search | Punch and Jurists

U.S. v. Sekhar, No. 11-4298 (2nd Cir.) (683 F.3d 436) (June 26, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: Punch And Jurists, Property Right

U.S. v. Sekhar, No. 11-4298 (2nd Cir.) (683 F.3d 436) (June 26, 2012) (Judge Dennis G. Jacobs) by An attorney's ability to offer "sound legal advice" is a property right that can support a charge of extortion if it is taken away from him, the Second Circuit has ruled in …

Liranzo v. U.S., No. 11-61 (2nd Cir.) (690 F.3d 78) (August 9, 2012) (Judge Robert D. Sack)

Article • December 1, 2012

Filed under: False Arrest, Punch And Jurists

Liranzo v. U.S., No. 11-61 (2nd Cir.) (690 F.3d 78) (August 9, 2012) (Judge Robert D. Sack) by In plaintiff's suit against the government under the Federal Tort Claims Act (FTCA), claiming, inter alia, that federal officials falsely arrested and imprisoned him as a removable resident alien following his release …

Freeman v. Kadien, No. 11-353-pr (2nd Cir.) (684 F.3d 30) (July 3, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists

Freeman v. Kadien, No. 11-353-pr (2nd Cir.) (684 F.3d 30) (July 3, 2012) (Judge Reena Raggi) by Denial of petition for writ of habeas relief from convictions for second-degree assault, second-degree vehicular assault, common law driving while intoxicated (DWI), and leaving the scene of an accident, is affirmed where the …

U.S. v. Pica, No. 10-5026-cr (2nd Cir.) (692 F.3d 79) (August 14, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Conspiracy, Punch And Jurists

U.S. v. Pica, No. 10-5026-cr (2nd Cir.) (692 F.3d 79) (August 14, 2012) (Judge Raymond J. Jr. Lohier) by Defendant's conviction for participating in a racketeering enterprise and illegal gambling is affirmed where: 1) there was sufficient evidence adduced at trial of defendant's knowing participation in the conspiracy to rob …

U.S. v. Zangari, No. 10-4546-cr (2nd Cir.) (677 F.3d 86) (April 18, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Loss/Gain

U.S. v. Zangari, No. 10-4546-cr (2nd Cir.) (677 F.3d 86) (April 18, 2012) (Judge Jose A. Cabranes) by In a prosecution of a securities broker for conspiracy to violate the Travel Act, which resulted in a conviction and sentence that included a restitution order under the Mandatory Victim’s Restitution Act …

U.S. v. Caronia, No. 09-5006-cr (2nd Cir.) (703 F.3d 149) (December 3, 2012) (Judge Denny Chin)

Article • December 1, 2012

Filed under: Punch And Jurists, Federal Drug and Cosmetic Act (FDCA)

U.S. v. Caronia, No. 09-5006-cr (2nd Cir.) (703 F.3d 149) (December 3, 2012) (Judge Denny Chin) by Defendant's conviction for conspiracy to introduce a misbranded drug into interstate commerce in violation of the Federal Drug and Cosmetic Act (FDCA), is vacated and remanded where the government cannot prosecute pharmaceutical manufacturers …

U.S. v. Esso, No. 11-570-cr (2nd Cir.) (684 F.3d 347) (June 27, 2012) (Judge Gerard E. Lynch)

Article • December 1, 2012

Filed under: Punch And Jurists, Reviewing Documents

U.S. v. Esso, No. 11-570-cr (2nd Cir.) (684 F.3d 347) (June 27, 2012) (Judge Gerard E. Lynch) by Conviction of charges arising from a mortgage fraud scheme are affirmed where the district court did not err by allowing the members of the jury, after the beginning of jury deliberations and …

U.S. v. Wagner-Dano, No. 10-4593-cr (2nd Cir.) (679 F.3d 83) (May 14, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Plain Error

U.S. v. Wagner-Dano, No. 10-4593-cr (2nd Cir.) (679 F.3d 83) (May 14, 2012) (Judge Debra Ann Livingston) by A 78-month prison term for wire fraud is affirmed against contentions of procedural and substantive unfairness, where: 1) the district court did not commit plain error by allegedly inadequately considering the 18 …

Analytical Surveys, Inc. v. Tonga Partners, L.P., No. 09-2622-cv (2nd Cir.) (684 F.3d 36) (June 4, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Exemptions

Analytical Surveys, Inc. v. Tonga Partners, L.P., No. 09-2622-cv (2nd Cir.) (684 F.3d 36) (June 4, 2012) (Judge Debra Ann Livingston) by In an appeal of a judgment of liability for profits earned in short-swing insider trading prohibited by section 16(b) of the Securities Exchange Act, 15 U.S.C. § 78p(b), …

Matthews v. U.S., No. 10-0611-pr (2nd Cir.) (682 F.3d 180) (June 14, 2012) (Judge Amalya Lyle Kearse)

Article • December 1, 2012

Filed under: Punch And Jurists, Strickland Standard

Matthews v. U.S., No. 10-0611-pr (2nd Cir.) (682 F.3d 180) (June 14, 2012) (Judge Amalya Lyle Kearse) by In a habeas appeal of sentence of life imprisonment as a career offender pursuant to 18 U.S.C. § 3559(c) following petitioner's conviction of federal bank robbery and conspiracy, the matter must be …

U.S. v. Baker, No. 10-1925-cr (2nd Cir.) (665 F.3d 51) (January 12, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Baker, No. 10-1925-cr (2nd Cir.) (665 F.3d 51) (January 12, 2012) (Per Curiam) by Imposition of the mandatory minimum sentence under the Armed Career Criminal Act (ACCA) is affirmed, as the defendant's prior two escapes from a correctional facility under Vermont law involved conduct that presents a serious …

U.S. v. Culbertson, No. 10-1766-cr (2nd Cir.) (670 F.3d 183) (February 3, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Culbertson, No. 10-1766-cr (2nd Cir.) (670 F.3d 183) (February 3, 2012) (Judge Raymond J. Jr. Lohier) by In a prosecution in which the defendant pleaded guilty to a charge of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine, the case …

U.S. v. Hsu, No. 09-4152-cr (2nd Cir.) (669 F.3d 112) (February 17, 2012) (Judge Gerard E. Lynch)

Article • December 1, 2012

Filed under: Punch And Jurists, Ponzi Scheme

U.S. v. Hsu, No. 09-4152-cr (2nd Cir.) (669 F.3d 112) (February 17, 2012) (Judge Gerard E. Lynch) by In a prosecution for a Ponzi scheme and campaign finance crimes, the defendant's guilty plea, conviction and sentence are affirmed, where: 1) the defendant waived any statute of limitations challenge to the …

Parker v. Ercole, No. 10-2510-cv (2nd Cir.) (666 F.3d 830) (January 23, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Depraved Indifference Murder

Parker v. Ercole, No. 10-2510-cv (2nd Cir.) (666 F.3d 830) (January 23, 2012) (Per Curiam) by On a petition for habeas corpus asserting that the petitioner's counsel was ineffective as a result of failing to preserve his claim that there was insufficient evidence to convict him of depraved-indifference murder, judgment …

Nordyke v. King, No. 07-15763 (9th Cir.) (681 F.3d 1041) (June 1, 2012) (Judge Susan P. Graber)

Article • December 1, 2012

Filed under: Punch And Jurists

Nordyke v. King, No. 07-15763 (9th Cir.) (681 F.3d 1041) (June 1, 2012) (Judge Susan P. Graber) by [Ediror's Note: For a commentary on this decision, see "Nordyke gun case nears end," by Lyle Denniston, as posted on SCOTUSblog on June 2, 2012 at http://www.scotusblog.com/2012/06/nordyke-gun-case-nears-end/ ].

U.S. v. Truman, No. 11-784-cr (2nd Cir.) (688 F.3d 129) (July 25, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, Fair Trial

U.S. v. Truman, No. 11-784-cr (2nd Cir.) (688 F.3d 129) (July 25, 2012) (Judge Raymond J. Jr. Lohier) by Following a conviction of defendant for arson, wire fraud, and use of fire in the commission of a felony by a jury, district court's judgment of acquittal and a conditional grant …

U.S. v. D'Amelio, No. 09-2541-cr (2nd Cir.) (683 F.3d 412) (June 13, 2012) (Judge Peter W. Hall)

Article • December 1, 2012

Filed under: Punch And Jurists, Core of Criminality

U.S. v. D'Amelio, No. 09-2541-cr (2nd Cir.) (683 F.3d 412) (June 13, 2012) (Judge Peter W. Hall) by In the government's appeal of a vacated conviction for of attempted sexual enticement of a minor, pursuant to 18 U.S.C. § 2422(b), on grounds that the jury instructions constructively amended the indictment, …

U.S. v. Banki, No. 10-3381-cr (2nd Cir.) (685 F.3d 99) (February 21, 2012) (Judge Denny Chin)

Article • December 1, 2012

Filed under: Punch And Jurists, Iranian Transaction Regulations

U.S. v. Banki, No. 10-3381-cr (2nd Cir.) (685 F.3d 99) (February 21, 2012) (Judge Denny Chin) by In a prosecution for offenses involving transfers of money from Iran, the convictions are: 1) affirmed as to two counts, where: a) the indictment was not constructively amended; and b) there was no …

U.S. v. Catoggio, No. 11-3474-cr (2nd Cir.) (698 F.3d 64) (October 10, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Catoggio, No. 11-3474-cr (2nd Cir.) (698 F.3d 64) (October 10, 2012) (Per Curiam) by In appeal from district court's order of restitution resentencing defendant to pay $190 million in restitution to the victims of a massive fraud scheme, the order is affirmed, where: 1) the district court properly …

Harrington v. U.S., No. 11-2119-pr (2nd Cir.) (689 F.3d 124) (August 6, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists

Harrington v. U.S., No. 11-2119-pr (2nd Cir.) (689 F.3d 124) (August 6, 2012) (Judge Reena Raggi) by District court's denial of defendant's petition for habeas relief from a 15-year mandatory minimum sentence imposed under the Armed Career Criminal Act (ACCA), for possession of a firearm by a convicted felon is …