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U.S. v. Simmons, No. 10-1526-cr (2nd Cir.) (661 F.3d 151) (October 26, 2011) (Judge Barrington D. Jr. Parker)

Article • December 1, 2011

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Simmons, No. 10-1526-cr (2nd Cir.) (661 F.3d 151) (October 26, 2011) (Judge Barrington D. Jr. Parker) by Conviction and sentencing of defendant for being a felon in possession of a firearm are upheld because the public safety exception to Miranda supported initial questioning of defendant, but vacated where …

U.S. v. Perez-Frias, No. 10-1401-cr (2nd Cir.) (636 F.3d 39) (March 31, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Perez-Frias, No. 10-1401-cr (2nd Cir.) (636 F.3d 39) (March 31, 2011) (Per Curiam) by Conviction and sentencing of defendant, a Dominican national, for illegal reentry into the US under 8 U.S.C. §§ 1326(a) and 1326(b)(2) is upheld where the imposition of a below-Guidelines sentence of a prison term …

U.S. v. Buissereth, No. 09-5358-cr (2nd Cir.) (638 F.3d 114) (March 15, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Buissereth, No. 09-5358-cr (2nd Cir.) (638 F.3d 114) (March 15, 2011) (Judge Jose A. Cabranes) by [Editor's Note: For a commentary on this decision, see "Thoroughly Unappealing," by Steve Statsinger, as posted on the Second Circuit Blog on March 20, 2011 at http://circuit2.blogspot.com/2011/03/thoroughly-unappealing.html as follows: This decision found …

U.S. v. Curley, No. 09-3314-cr (2nd Cir.) (639 F.3d 50) (April 25, 2011) (Judge Denny Chin)

Article • December 1, 2011

Filed under: Punch And Jurists, Prejudice

U.S. v. Curley, No. 09-3314-cr (2nd Cir.) (639 F.3d 50) (April 25, 2011) (Judge Denny Chin) by Conviction and sentencing of defendant for interstate stalking and interstate violation of a protective order is reversed because Rule 404(b) admission by district court of evidence of prior and subsequent bad acts of …

U.S. v. Johnson, No. 09-3007-CV-S-RED (W.D.Mo.) (733 F.Supp.2d 1089) (June 11, 2010) (Judge Richard E. Dorr)

Article • December 1, 2011

Filed under: Punch And Jurists, Sexual Exploitation of Minors

U.S. v. Johnson, No. 09-3007-CV-S-RED (W.D.Mo.) (733 F.Supp.2d 1089) (June 11, 2010) (Judge Richard E. Dorr) by

Rivera v. Cuomo, No. 10-224-pr (2nd Cir.) (649 F.3d 132) (August 9, 2011) (Judge Joseph M. McLaughlin)

Article • December 1, 2011

Filed under: Punch And Jurists, Unreasonable Application of Clearly Established Federal Law

Rivera v. Cuomo, No. 10-224-pr (2nd Cir.) (649 F.3d 132) (August 9, 2011) (Judge Joseph M. McLaughlin) by In a petition for habeas relief from the conviction of petitioner for depraved indifference murder, New York Penal Law section 125.25(2), petition is granted where district court erred in holding that the …

U.S. v. Jennings, No. 10-1642-cr (Lead) (2nd Cir.) (652 F.3d 290) (July 22, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Jennings, No. 10-1642-cr (Lead) (2nd Cir.) (652 F.3d 290) (July 22, 2011) (Judge Amalya Lyle Kearse) by Conviction and sentencing of defendant for possession of child pornography,18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), with revocation of his supervised release on a prior § 2252A(a)(5)(B) conviction are affirmed because: 1) …

Prus v. Holder, No. 10-599-ag (2nd Cir.) (660 F.3d 144) (September 28, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Prostitution

Prus v. Holder, No. 10-599-ag (2nd Cir.) (660 F.3d 144) (September 28, 2011) (Per Curiam) by In a petition for review of an order of the BIA affirming an order of removal on the ground that petitioner, a native of Ukraine, had been convicted of an aggravated felony, petition is …

U.S. v. Vilar, No. 10-521 (L) (2nd Cir.) (645 F.3d 543) (July 19, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Vilar, No. 10-521 (L) (2nd Cir.) (645 F.3d 543) (July 19, 2011) (Per Curiam) by Defendant's motion to withdraw his direct criminal appeal with leave to reinstate it after he has finished pursuing an application for habeas relief or, in the alternative, a six-month extension to file his …

Skaftouros v. U.S., No. 11-0462-cv (2nd Cir.) (667 F.3d 144) (December 20, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Jurisdiction

Skaftouros v. U.S., No. 11-0462-cv (2nd Cir.) (667 F.3d 144) (December 20, 2011) (Judge Jose A. Cabranes) by District court grant of writ of habeas corpus to fugitive charged with murder in Greece and certified in the United States as extraditable is vacated, and denial of the government's motion to …

U.S. v. Bailey, No. 07-3719-cr (L) (2nd Cir.) (652 F.3d 197) (July 6, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, During Execution of a Search Warrant

U.S. v. Bailey, No. 07-3719-cr (L) (2nd Cir.) (652 F.3d 197) (July 6, 2011) (Judge Jose A. Cabranes) by Conviction and sentencing of defendant on drug trafficking charges are upheld where the district court properly denied defendant's motion to suppress evidence obtained during a detention because the detention was justified …

U.S. v. Cossey, No. 09-5170-cr (2nd Cir.) (632 F.3d 82) (January 28, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Unsupported Genetic Theory

U.S. v. Cossey, No. 09-5170-cr (2nd Cir.) (632 F.3d 82) (January 28, 2011) (Per Curiam) by In this case, the defendant pled guilty to possessing child pornography, and the district court sentenced him to seventy-eight months in prison and a life term of supervised release. In selecting this sentence, the …

Watson v. Greene, No. 10-307-pr (2nd Cir.) (640 F.3d 501) (May 17, 2011) (Judge Gerard E. Lynch)

Article • December 1, 2011

Filed under: Punch And Jurists

Watson v. Greene, No. 10-307-pr (2nd Cir.) (640 F.3d 501) (May 17, 2011) (Judge Gerard E. Lynch) by In a dispute arising from a petition for habeas relief, judgment of the district court granting relief is reversed, where state court did not unreasonably apply a clearly establish federal law when …

U.S. v. Conca, No. 09-4475-cr (2nd Cir.) (635 F.3d 55) (February 15, 2011) (Judge Roger J. Miner)

Article • December 1, 2011

Filed under: Punch And Jurists, Youthful Offender Adjudications

U.S. v. Conca, No. 09-4475-cr (2nd Cir.) (635 F.3d 55) (February 15, 2011) (Judge Roger J. Miner) by Sentence for conviction of failing to register as a sex offender after traveling in interstate commerce and sentencing is affirmed over meritless claims that defendant was wrongfully classified a youthful offender adjudication …

U.S. v. Skys, No. 09-5204-cr (2nd Cir.) (637 F.3d 146) (February 23, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Skys, No. 09-5204-cr (2nd Cir.) (637 F.3d 146) (February 23, 2011) (Judge Amalya Lyle Kearse) by [Editor's Note: For a commentary on this decision, see "Rock and Roll," by Steve Statsinger, as posted on the Second Circuit Blog on February 27, 2011 at http://circuit2.blogspot.com/2011/02/rook-and-roll.html as follows: "In August …

U.S. v. Paul, No. 09-3191 (2nd Cir.) (634 F.3d 668) (March 7, 2011) (Judge Paul A. Crotty)

Article • December 1, 2011

Filed under: Punch And Jurists, Securities Fraud

U.S. v. Paul, No. 09-3191 (2nd Cir.) (634 F.3d 668) (March 7, 2011) (Judge Paul A. Crotty) by Conviction and sentencing of defendant for securities fraud, 15 USC §§ 78j(b) and 78ff, are affirmed where the district court: 1) did not improperly participate in plea negotiations; 2) did not violate …

U.S. v. Cedeno, No. 09-1857-cr (L) (2nd Cir.) (644 F.3d 79) (May 2, 2011) (Judge Denny Chin)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Cedeno, No. 09-1857-cr (L) (2nd Cir.) (644 F.3d 79) (May 2, 2011) (Judge Denny Chin) by Conviction and sentencing of defendant on robbery, kidnapping, and related charges is upheld where although district court improperly limited cross-examination of a government witness at trial by barring the use of a …

U.S. v. Thorn, No. 11-37-cr (L) (2nd Cir.) (659 F.3d 227) (October 20, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Thorn, No. 11-37-cr (L) (2nd Cir.) (659 F.3d 227) (October 20, 2011) (Judge Reena Raggi) by In cross-appeals from a judgment of the district court vacating a money laundering conspiracy conviction in light of US v. Santos, judgment is reversed where defendant's challenge to the "proceeds" element of …

Wood v. Ercole, No. 09-2905-pr (2nd Cir.) (644 F.3d 83) (May 4, 2011) (Judge Gerard E. Lynch)

Article • December 1, 2011

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Wood v. Ercole, No. 09-2905-pr (2nd Cir.) (644 F.3d 83) (May 4, 2011) (Judge Gerard E. Lynch) by In a dispute arising from the of a petition for habeas relief, judgment by district court denying petition is reversed because the admission into evidence of statements defendant made in prison violated …

Gonzalez v. Hasty, No. 07-1787-pr (2nd Cir.) (651 F.3d 318) (June 26, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Exhaustion of Remedies

Gonzalez v. Hasty, No. 07-1787-pr (2nd Cir.) (651 F.3d 318) (June 26, 2011) (Judge Peter W. Hall) by In a Section 1983 and Bivens action by plaintiff-prisoner alleging unlawful administrative detention, judgment of the district court dimissing action is reversed where an inmate is entitled to equitable tolling of the …