Search | Punch and Jurists

ACLU v. Department of Justice, No. 10-4290-cv (L) (2nd Cir.) (681 F.3d 61) (May 21, 2012) (Judge Richard C. Wesley)

Article • December 1, 2012

Filed under: Punch And Jurists, Intelligence Activities/Sources

ACLU v. Department of Justice, No. 10-4290-cv (L) (2nd Cir.) (681 F.3d 61) (May 21, 2012) (Judge Richard C. Wesley) by A district court judgment with respect to government decisions to withhold certain information from FOIA request responses is: 1) reversed in part, as to information in two DOJ Office …

Hawthorne v. Schneiderman, No. 10-4324-pr (2nd Cir.) (695 F.3d 192) (August 20, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Effective Assistance of Counsel

Hawthorne v. Schneiderman, No. 10-4324-pr (2nd Cir.) (695 F.3d 192) (August 20, 2012) (Per Curiam) by District court's denial of defendant's request for habeas relief from his conviction for criminal possession of a weapon and assault, is affirmed, where: 1) defendant was not prejudiced by Huntley counsel's alleged ineffectiveness; and …

S.E.C. v. Apuzzo, No. 11-696-cv (2nd Cir.) (689 F.3d 204) (August 8, 2012) (Judge Jed S. Rakoff)

Article • December 1, 2012

Filed under: Punch And Jurists, Substantial Assistance

S.E.C. v. Apuzzo, No. 11-696-cv (2nd Cir.) (689 F.3d 204) (August 8, 2012) (Judge Jed S. Rakoff) by In a suit brought by the Securities and Exchange Commission, alleging that defendant aided and abetted securities laws violations through his role in a fraudulent accounting scheme, district court's grant of defendant's …

Ackerson v. City of White Plains, No. 11-4649-cv (2nd Cir.) (702 F.3d 15) (November 29, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Probable Cause

Ackerson v. City of White Plains, No. 11-4649-cv (2nd Cir.) (702 F.3d 15) (November 29, 2012) (Per Curiam) by In action alleging false arrest, malicious prosecution and 1983 claims following arrest for 3rd degree menacing, summary judgment for defendants is affirmed in part and reversed in part, where: 1) plaintiff's …

U.S. v. Coppola, No. 10-0065-cr (2nd Cir.) (671 F.3d 220) (February 14, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Coppola, No. 10-0065-cr (2nd Cir.) (671 F.3d 220) (February 14, 2012) (Judge Reena Raggi) by On appeal from a judgment of conviction for substantive and conspiratorial racketeering by a leader of the Genovese organized crime family, the judgment is affirmed, where: 1) a racketeering charge stated valid subpredicate …

U.S. v. Lacey, No. 11-2404-cr(L) (2nd Cir.) (699 F.3d 710) (November 6, 2012) (Judge Gerard E. Lynch)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Lacey, No. 11-2404-cr(L) (2nd Cir.) (699 F.3d 710) (November 6, 2012) (Judge Gerard E. Lynch) by In appeal from conviction on charges stemming from involvement in a fraudulent mortgage scheme, the sentences and restitution orders are vacated and the case is remanded, where the district court: 1) did …

U.S. v. Torres, No. 11-1009-cr (2nd Cir.) (703 F.3d 194) (December 5, 2012) (Judge Susan L. Carney)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Torres, No. 11-1009-cr (2nd Cir.) (703 F.3d 194) (December 5, 2012) (Judge Susan L. Carney) by In appeal from conviction of theft of government property that included orders of forfeiture and restitution, judgment is affirmed, where: 1) because the money defendant was ordered to forfeit was obtained by …

U.S. v. Highsmith, No. 11-48-cr (2nd Cir.) (688 F.3d 74) (August 8, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Post Dorsey

U.S. v. Highsmith, No. 11-48-cr (2nd Cir.) (688 F.3d 74) (August 8, 2012) (Per Curiam) by In a conviction for conspiracy to distribute crack cocaine and weapons possession in furtherance of a drug-trafficking crime, defendant's sentence is vacated and remanded for resentencing consistent with Dorsey v. US which held that …

U.S. v. Barner, No. 10-3700-cr (2nd Cir.) (666 F.3d 79) (January 13, 2012) (Judge Richard K. Eaton)

Article • December 1, 2012

Filed under: Punch And Jurists, Parole Searches

U.S. v. Barner, No. 10-3700-cr (2nd Cir.) (666 F.3d 79) (January 13, 2012) (Judge Richard K. Eaton) by In a federal prosecution of a parolee for being a previously convicted felon in possession of firearms and ammunition, the district court's grant of a motion to suppress evidence is reversed and …

U.S. v. Oehne, No. 11-2286-cr (2nd Cir.) (698 F.3d 118) (October 25, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Oehne, No. 11-2286-cr (2nd Cir.) (698 F.3d 118) (October 25, 2012) (Per Curiam) by In appeal from a judgment of conviction and sentence of 540 months' imprisonment for the production and distribution of child pornography, judgment is affirmed where: 1) district court did not err in determining that …

U.S. v. Gonzalez, No. 11-1490-cr (2nd Cir.) (686 F.3d 122) (July 19, 2012) (Judge Amalya Lyle Kearse)

Article • December 1, 2012

Filed under: Punch And Jurists, Indictment - Sufficiency

U.S. v. Gonzalez, No. 11-1490-cr (2nd Cir.) (686 F.3d 122) (July 19, 2012) (Judge Amalya Lyle Kearse) by In a conviction of defendant for various drug-related offenses, district court's imposition of a 120-month sentence pursuant to 21 U.S.C. section 846 and 841(b)(1)(B) is remanded for resentencing as, the second superseding …

U.S. v. Pitera, No. 10-1564-cr (2nd Cir.) (675 F.3d 122) (April 3, 2012) (Judge Roger J. Miner)

Article • December 1, 2012

Filed under: Punch And Jurists, Innocence Protection Act

U.S. v. Pitera, No. 10-1564-cr (2nd Cir.) (675 F.3d 122) (April 3, 2012) (Judge Roger J. Miner) by The district court's denial of a prisoner's motion to compel postconviction DNA testing of six items pursuant to the Innocence Protection Act is affirmed, where the prisoner failed to show that the …

U.S. v. Gilliard, No. 11-1088-cr (2nd Cir.) (671 F.3d 255) (February 17, 2012) (Judge Richard C. Wesley)

Article • December 1, 2012

Filed under: Punch And Jurists, Post-Tapia

U.S. v. Gilliard, No. 11-1088-cr (2nd Cir.) (671 F.3d 255) (February 17, 2012) (Judge Richard C. Wesley) by In a sentencing challenge by a defendant convicted of conspiring to distribute and possess with the intent to distribute heroin, the sentence is affirmed, as: 1) it was not procedurally unreasonable, where …

Somerville v. Hunt, No. 11-1211-pr (2nd Cir.) (695 F.3d 218) (September 25, 2012) (Judge Barrington D. Jr. Parker)

Article • December 1, 2012

Filed under: Punch And Jurists

Somerville v. Hunt, No. 11-1211-pr (2nd Cir.) (695 F.3d 218) (September 25, 2012) (Judge Barrington D. Jr. Parker) by The district court's grant of defendant's second request for habeas relief on the ground that the Appellate Division's decision not to apply a presumption of vindictiveness to his resentencing was an …

U.S. v. Williams, No. 11-324-cr (2nd Cir.) (681 F.3d 35) (May 17, 2012) (Judge Barrington D. Jr. Parker)

Article • December 1, 2012

Filed under: Punch And Jurists, Miranda

U.S. v. Williams, No. 11-324-cr (2nd Cir.) (681 F.3d 35) (May 17, 2012) (Judge Barrington D. Jr. Parker) by In a case in which a government agent questioned the defendant in an apartment where he was arrested without first issuing Miranda warnings, and two hours later the defendant confessed at …

U.S. v. Colasuonno, No. 11-1188-cr (2nd Cir.) (697 F.3d 164) (October 12, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Colasuonno, No. 11-1188-cr (2nd Cir.) (697 F.3d 164) (October 12, 2012) (Judge Reena Raggi) by Following conviction for bank fraud and tax crimes, amended judgment revoking probation and resentencing defendant to 4 months incarceration for willful violation of probation by failing to pay restitution is affirmed where: 1) …

U.S. v. Decastro, No. 10-3773 (2nd Cir.) (682 F.3d 160) (June 1, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: Punch And Jurists

U.S. v. Decastro, No. 10-3773 (2nd Cir.) (682 F.3d 160) (June 1, 2012) (Judge Dennis G. Jacobs) by A conviction under 18 USC § 922(a)(3) for transporting into New York a firearm acquired in another state is affirmed, where: 1) the defendant could not argue that because the restrictive licensing …

Epps v. Poole, No. 10-2206-pr (2nd Cir.) (687 F.3d 46) (June 21, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Depraved Indifference Murder

Epps v. Poole, No. 10-2206-pr (2nd Cir.) (687 F.3d 46) (June 21, 2012) (Judge Jose A. Cabranes) by District court's denial of defendant's request for habeas relief from his murder conviction is affirmed, as in concluding that the evidence at trial supported the conviction for depraved-indifference murder as a matter …

U.S. v. Cassesse, No. 10-2210-cr (2nd Cir.) (685 F.3d 186) (July 11, 2012) (Judge Jon O. Newman)

Article • December 1, 2012

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cassesse, No. 10-2210-cr (2nd Cir.) (685 F.3d 186) (July 11, 2012) (Judge Jon O. Newman) by Sentencing for racketeering conviction and for violation of supervised release is affirmed over defendant's contention that his twelve months of imprisonment imposed for the supervised release violation should have been subtracted from …

U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter) by Revocation of the appellant's supervised release is affirmed, where: 1) under Federal Rule of Criminal Procedure 32.1, good cause existed to allow the government to introduce hearsay evidence during the appellant's …