Search | Punch and Jurists

U.S. v. Jacques, No. 11-2142-cr (2nd Cir.) (684 F.3d 324) (July 9, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Jacques, No. 11-2142-cr (2nd Cir.) (684 F.3d 324) (July 9, 2012) (Judge Ralph K. Jr. Winter) by In an appeal of pre-trial orders in a death penalty case, the District Court's exclusion of evidence that the government sought to offer in the punishment phase is: 1) affirmed in …

Akinsade v. Holder, No. 10-0662-ag (2nd Cir.) (678 F.3d 138) (May 1, 2012) (Judge Robert A. Katzmann)

Article • December 1, 2012

Filed under: Punch And Jurists, Aggravated Felonies

Akinsade v. Holder, No. 10-0662-ag (2nd Cir.) (678 F.3d 138) (May 1, 2012) (Judge Robert A. Katzmann) by In removal proceedings against a lawful permanent resident who had been convicted of embezzlement by a bank employee under 18 USC section 656, a petition for review of a BIA finding of …

U.S. v. Graham, No. 09-2819-cr (2nd Cir.) (691 F.3d 153) (August 15, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Explosives

U.S. v. Graham, No. 09-2819-cr (2nd Cir.) (691 F.3d 153) (August 15, 2012) (Judge Debra Ann Livingston) by In a conviction of defendant for various crimes in violation of the Hobbs Act and for using an explosive to commit a felony in violation of 18 U.S.C. section 844(h)(1), district court's …

U.S. v. Lyttle, No. 09-5195-cr (L) (2nd Cir.) (667 F.3d 220) (February 1, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

U.S. v. Lyttle, No. 09-5195-cr (L) (2nd Cir.) (667 F.3d 220) (February 1, 2012) (Judge Debra Ann Livingston) by In a prosecution for numerous offenses relating to the defendant's involvement in a fraudulent high-yield investment program, before which the district court had granted a government application to suspend the statute …

U.S. v. Harrison, No. 11-1240-cr (2nd Cir.) (699 F.3d 158) (November 6, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Post Dorsey

U.S. v. Harrison, No. 11-1240-cr (2nd Cir.) (699 F.3d 158) (November 6, 2012) (Per Curiam) by In appeal from drug conviction entered pursuant to plea agreement whereby defendant agreed not to appeal provided sentence imposed was the mandatory minimum sentence of 120 months, judgment is affirmed, where: 1) defendant's waiver …

U.S. v. Aleynikov, No. 11-1126 (2nd Cir.) (676 F.3d 71) (April 11, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: Punch And Jurists, Economic Espionage Act of 1996 (EEA)

U.S. v. Aleynikov, No. 11-1126 (2nd Cir.) (676 F.3d 71) (April 11, 2012) (Judge Dennis G. Jacobs) by In a prosecution of a former Goldman Sachs employee for stealing and transferring some of the proprietary computer source code used in Goldman's high frequency trading (HFT) system in violation of the …

U.S. v. Contorinis, No. 11-3-cr (2nd Cir.) (692 F.3d 136) (August 17, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Insider Trading

U.S. v. Contorinis, No. 11-3-cr (2nd Cir.) (692 F.3d 136) (August 17, 2012) (Judge Ralph K. Jr. Winter) by An investment portfolio-manger's conviction for securities fraud and insider trading is affirmed, as the district court properly instructed the jury on the definition of material, nonpublic information and acted within its …

Gutierrez v. Smith, No. 10-4478-pr (2nd Cir.) (702 F.3d 103) (December 11, 2012) (Judge Guido Calabresi)

Article • December 1, 2012

Filed under: Punch And Jurists, Depraved Indifference Murder

Gutierrez v. Smith, No. 10-4478-pr (2nd Cir.) (702 F.3d 103) (December 11, 2012) (Judge Guido Calabresi) by In appeal from the denial of defendant's writ of habeas corpus following conviction for depraved indifference murder, the judgment is affirmed, where: 1) the defendant's claim was preserved for review and not procedurally …

U.S. v. Adekanbi, No. 10-3427 (Lead) (2nd Cir.) (675 F.3d 178) (March 29, 2012) (Judge Richard C. Wesley)

Article • December 1, 2012

Filed under: Punch And Jurists, Identity Theft

U.S. v. Adekanbi, No. 10-3427 (Lead) (2nd Cir.) (675 F.3d 178) (March 29, 2012) (Judge Richard C. Wesley) by In a prosecution for aggravated identity theft and making false statements, convictions and sentence are affirmed, where: 1) the convictions for making false statements were supported by sufficient evidence, as the …

U.S. v. Moore, No. 10-2740 (2nd Cir.) (670 F.3d 222) (February 22, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: Punch And Jurists, Two-Step Interrogation Process

U.S. v. Moore, No. 10-2740 (2nd Cir.) (670 F.3d 222) (February 22, 2012) (Judge Dennis G. Jacobs) by On appeal of the district court's denial of a motion to suppress a confession, judgment of conviction after plea is affirmed, where: 1) the confession, given after Miranda warnings but also after …

U.S. v. Coplan, No. 10-583-cr (L) (2nd Cir.) (703 F.3d 46) (November 29, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Coplan, No. 10-583-cr (L) (2nd Cir.) (703 F.3d 46) (November 29, 2012) (Judge Jose A. Cabranes) by In appeal from convictions on charges of conspiracy to defraud the Government, tax evasion, obstruction of the IRS and false statements to the IRS related to defendants' development of "tax shelters" …

Graziano v. Pataki, No. 11-116-pr (2nd Cir.) (689 F.3d 110) (August 3, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Liberty Interests, Punch And Jurists

Graziano v. Pataki, No. 11-116-pr (2nd Cir.) (689 F.3d 110) (August 3, 2012) (Per Curiam) by In a class action suit against the Governor of New York and others, claiming that they have been denied parole as a result of an "unwritten policy" to deny parole to violent felony offenders, …

Johnson v. Killian, No. 10-4651-pr (2nd Cir.) (680 F.3d 234) (May 16, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists

Johnson v. Killian, No. 10-4651-pr (2nd Cir.) (680 F.3d 234) (May 16, 2012) (Per Curiam) by In a suit asserting Bivens claims for violation of the First Amendment and the Religious Freedom Restoration Act (RFRA) against prison officials for a policy that restricted Muslim inmates' ability to perform regular congregational …

U.S. v. Reyes, No. 10-1400-cr (2nd Cir.) (691 F.3d 453) (August 29, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Reyes, No. 10-1400-cr (2nd Cir.) (691 F.3d 453) (August 29, 2012) (Per Curiam) by In a bank robbery conviction, district court's imposition of 188 months' imprisonment upon the defendant as a career offender under United States Sentencing Guidelines section 4B1.1(a), is vacated and remanded, as a court may …

Latif v. Obama, No. 10-5319 (D.C. Cir.) (677 F.3d 1175) (April 27, 2012) (Judge Janice Rogers Brown)

Article • December 1, 2012

Filed under: Punch And Jurists, Presumption of Regularity

Latif v. Obama, No. 10-5319 (D.C. Cir.) (677 F.3d 1175) (April 27, 2012) (Judge Janice Rogers Brown) by Here a divided panel held for the first time that, in habeas proceedings involving Guantanamo detainees, district courts must afford a “presumption of regularity” to secret Government intelligence reports when judging whether …

U.S. v. Cain, No. 09-0707-cr (L) (2nd Cir.) (671 F.3d 271) (January 31, 2012) (Judge Gerard E. Lynch)

Article • December 1, 2012

Filed under: Punch And Jurists, Disqualification

U.S. v. Cain, No. 09-0707-cr (L) (2nd Cir.) (671 F.3d 271) (January 31, 2012) (Judge Gerard E. Lynch) by In a prosecution of three individuals for racketeering and various related offenses, one defendant's RICO and RICO conspiracy convictions are reversed and all other convictions are affirmed where: 1) the district …

U.S. v. Ramos, No. 10-4802-cr (2nd Cir.) (685 F.3d 120) (July 2, 2012) (Judge Denny Chin)

Article • December 1, 2012 • from P&J July, 2012

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Ramos, No. 10-4802-cr (2nd Cir.) (685 F.3d 120) (July 2, 2012) (Judge Denny Chin) by Conviction of receiving and possessing child pornography is affirmed over claims that: 1) defendant's Fifth Amendment right against self-incrimination was violated because he was compelled as a parolee to make self-incriminating statements during …

U.S. v. Ferguson, No. 11-3806-cr (2nd Cir.) (702 F.3d 89) (December 6, 2012) (Judge Robert A. Katzmann)

Article • December 1, 2012

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Ferguson, No. 11-3806-cr (2nd Cir.) (702 F.3d 89) (December 6, 2012) (Judge Robert A. Katzmann) by In appeal from conviction of possessing a firearm after having been convicted of a felony, the judgment is affirmed, where: 1) notwithstanding the fact that officers interrogated defendant an hour or more …

U.S. v. Morrison, No. 10-1926(L) (2nd Cir.) (686 F.3d 94) (July 16, 2012) (Judge Guido Calabresi)

Article • December 1, 2012

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Morrison, No. 10-1926(L) (2nd Cir.) (686 F.3d 94) (July 16, 2012) (Judge Guido Calabresi) by District court's order vacating the defendant's conviction for conspiracy in violation of the Racketeer Influenced and Corrupt Organization Act (RICO), the federal Contraband Cigarette Trafficking Act (CCTA), and New York Tax Law section …

U.S. v. Wilson, No. 11-915 (2nd Cir.) (699 F.3d 235) (October 25, 2012) (Judge Rosemary S. Pooler)

Article • December 1, 2012

Filed under: Punch And Jurists, Federal/State Jurisdictional Issues

U.S. v. Wilson, No. 11-915 (2nd Cir.) (699 F.3d 235) (October 25, 2012) (Judge Rosemary S. Pooler) by In government's appeal of the lower court's order suppressing evidence of marijuana found following the stop and subsequent search of defendant's vehicle by two tribal police officers, one of whom was cross-designated …