Search | Punch and Jurists

U.S. v. Greer, No. 09-4362-cr (2nd Cir.) (631 F.3d 608) (February 4, 2011) (Judge John M. Jr. Walker)

Article • December 1, 2011

Filed under: Punch And Jurists, Tattoo Evidence

U.S. v. Greer, No. 09-4362-cr (2nd Cir.) (631 F.3d 608) (February 4, 2011) (Judge John M. Jr. Walker) by [Editor's Note: For a commentary on this decision, see "The Chose Tattoo," by Steve Statsinger, as posted on the Second Circuit Blog on February 13, 2011 at http://circuit2.blogspot.com/2011/02/chose-tattoo.html as follows: Michael …

Flagler v. Trainor, No. 10-4081-cv (2nd Cir.) (663 F.3d 543) (November 21, 2011) (Judge Richard C. Wesley)

Article • December 1, 2011

Filed under: Prosecutorial Immunity, Punch And Jurists

Flagler v. Trainor, No. 10-4081-cv (2nd Cir.) (663 F.3d 543) (November 21, 2011) (Judge Richard C. Wesley) by In an appeal from a judgment of the district court dismissing plaintiff's civil complaint for various prosecutorial misconduct, judgment is affirmed where the court correctly found that defendant-prosecutor was absolutely immune from …

U.S. v. Leslie, No. 10-2994-cr (2nd Cir.) (658 F.3d 140) (October 3, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Losses - Calculation of

U.S. v. Leslie, No. 10-2994-cr (2nd Cir.) (658 F.3d 140) (October 3, 2011) (Per Curiam) by In an appeal from a judgment of the district court sentencing defendant to 51-months in prison for conspiring to commit bank fraud, judgment is affirmed where defendant was responsible for actual losses incurred during …

U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (627 F.3d 1383) (December 22, 2010) (Per Curiam)

Article • December 1, 2011

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (627 F.3d 1383) (December 22, 2010) (Per Curiam) by Following their convictions for various tax-related offenses, arising out of their failure to report as income the numerous personal expenditures that corporation made on their behalf, the defendants The Court of Appeals for the …

U.S. v. Desnoyers, No. 10-0447-cr (2nd Cir.) (637 F.3d 105) (March 14, 2011) (Judge Richard C. Wesley)

Article • December 1, 2011

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Desnoyers, No. 10-0447-cr (2nd Cir.) (637 F.3d 105) (March 14, 2011) (Judge Richard C. Wesley) by Conviction and sentencing of defendant, 18 U.S.C. § 371, are upheld where post-verdict entry of a judgment of acquittal by district court on the grounds of factual and legal insufficiency is reversed. …

U.S. v. Marino, No. 09-1965-cr (2nd Cir.) (654 F.3d 310) (August 18, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Marino, No. 09-1965-cr (2nd Cir.) (654 F.3d 310) (August 18, 2011) (Judge Ralph K. Jr. Winter) by Sentencing of defendant upon a plea conviction for his failure to report a Ponzi scheme, 18 U.S.C. § 4, is affirmed because the district court correctly ordered restitution in the amount …

U.S. v. Qurashi, No. 10-348-cr (2nd Cir.) (634 F.3d 699) (March 8, 2011) (Judge John M. Jr. Walker)

Article • December 1, 2011

Filed under: Punch And Jurists, Pre-Judgment Interest

U.S. v. Qurashi, No. 10-348-cr (2nd Cir.) (634 F.3d 699) (March 8, 2011) (Judge John M. Jr. Walker) by In an insurance fraud case involving the propriety of pre-judgment interest awards, order by district court adding pre-judgment interest to restitution by defendant is affirmed because a prejudgment interest award can …

U.S. v. Cadet, No. 10-4220-cr (2nd Cir.) (664 F.3d 27) (December 20, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Restitution, Punch And Jurists

U.S. v. Cadet, No. 10-4220-cr (2nd Cir.) (664 F.3d 27) (December 20, 2011) (Judge Jose A. Cabranes) by Tax preparer's conviction on 16 counts of aiding and assisting in the preparation of false federal income tax returns is affirmed, except with respect to certain aspects of the sentence which are …

U.S. v. Nadirashvili, No. 08-4211-cr (L) (2nd Cir.) (655 F.3d 114) (August 23, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Nadirashvili, No. 08-4211-cr (L) (2nd Cir.) (655 F.3d 114) (August 23, 2011) (Judge Ralph K. Jr. Winter) by Conviction and sentencing of defendants for a variety of weapons trafficking offenses is vacated with respect to the sentencing where the district court used the wrong standard in applying certain …

Downs v. Lape, No. 09-4723-pr (2nd Cir.) (657 F.3d 97) (September 14, 2011) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2011

Filed under: Habeas Corpus, Punch And Jurists

Downs v. Lape, No. 09-4723-pr (2nd Cir.) (657 F.3d 97) (September 14, 2011) (Judge Raymond J. Jr. Lohier) by In an appeal from a judgment of the district court denying petitioner's application for habeas relief brought on the ground that his Sixth Amendment right to a public trial was violated …

Amador v. Andrews, No. 08-2079-pr (2nd Cir.) (655 F.3d 89) (August 19, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

Amador v. Andrews, No. 08-2079-pr (2nd Cir.) (655 F.3d 89) (August 19, 2011) (Judge Ralph K. Jr. Winter) by [Editor's Note: For a commentary on this decision, see "Circuit Revives Abuse Claims by 3 Female Ex-Inmates," by Joel Stashenko as published in the New York Law Journal on August 22, …

U.S. v. Farhane, No. 07-1968-cr (L) (2nd Cir.) (634 F.3d 127) (February 4, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Farhane, No. 07-1968-cr (L) (2nd Cir.) (634 F.3d 127) (February 4, 2011) (Judge Reena Raggi) by [Editor's Note: For some commentaries on this decision, see: • "Attempting Offer," by Steve Statsinger, as posted on the Second Circuit Blog on February 19, 2011 at http://circuit2.blogspot.com/2011/02/attempting-offer.html • "Doctor's Conviction for …

Garcia v. USICE (Dept. of Homeland Sec.), No. 09-4211-pr (2nd Cir.) (669 F.3d 91) (December 29, 2011) (Judge Richard C. Wesley)

Article • December 1, 2011

Filed under: Punch And Jurists

Garcia v. USICE (Dept. of Homeland Sec.), No. 09-4211-pr (2nd Cir.) (669 F.3d 91) (December 29, 2011) (Judge Richard C. Wesley) by In a case seeking removal of a lawful permanent resident who asserted that he obtained US citizenship as a minor in the custody of his naturalized father after …

U.S. v. Steppello, No. 10-4527-cr (2nd Cir.) (664 F.3d 359) (December 23, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Steppello, No. 10-4527-cr (2nd Cir.) (664 F.3d 359) (December 23, 2011) (Per Curiam) by In a prosecution alleging possession with intent to distribute cocaine in which the defendant sought to suppress cocaine seized from his person incident to his arrest, cocaine seized from his residence pursuant to a …

Cornell v. Kirkpatrick, No. 10-561-pr (2nd Cir.) (665 F.3d 369) (December 1, 2011) (Judge Chester J. Straub)

Article • December 1, 2011

Filed under: Punch And Jurists, Strickland Standard

Cornell v. Kirkpatrick, No. 10-561-pr (2nd Cir.) (665 F.3d 369) (December 1, 2011) (Judge Chester J. Straub) by In an appeal from a judgment of the district court denying plaintiff's petition for habeas relief from his conviction for rape, judgment is reversed where: 1) trial counsel's failure to object to …

U.S. v. Brown, No. 09-4991-cr (2nd Cir.) (629 F.3d 290) (January 5, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Brown, No. 09-4991-cr (2nd Cir.) (629 F.3d 290) (January 5, 2011) (Per Curiam) by In this per curiam decsion, the Court held that assaulting a correction officer, in violation of Conn. Gen. Stat. § 53a-167c(a), satisfies the "catch-all" definition of "violent felony" in the Armed Career Criminal Act. …

U.S. v. Celaj, No. 10-2792-cr (2nd Cir.) (649 F.3d 162) (August 22, 2011) (Judge Roger J. Miner)

Article • December 1, 2011

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Celaj, No. 10-2792-cr (2nd Cir.) (649 F.3d 162) (August 22, 2011) (Judge Roger J. Miner) by Conviction and sentencing of defendant on various gang-related charges including several Hobbs Act violations are upheld where stipulation that "marijuana is grown outside of the state of New York and travels in …

U.S. v. Bengis, No. 07-4895-cr (2nd Cir.) (631 F.3d 33) (January 4, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Bengis, No. 07-4895-cr (2nd Cir.) (631 F.3d 33) (January 4, 2011) (Judge Peter W. Hall) by In the government's appeal from two orders denying its applications for a restitution award in favor of the Republic of South Africa, pursuant to, first, the Mandatory Victims Restitution Act (MVRA), and …

U.S. v. Tzolov, No. 10-562-cr (Lead) (2nd Cir.) (642 F.3d 314) (June 15, 2011) (Judge Barrington D. Jr. Parker)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Tzolov, No. 10-562-cr (Lead) (2nd Cir.) (642 F.3d 314) (June 15, 2011) (Judge Barrington D. Jr. Parker) by Conviction for securities fraud and conspiracy to commit securities and wire fraud, 15 U.S.C. §§ 78j(b), 78ff and 18 U.S.C. §§ 371, 1349, is affirmed in part where venue in …

U.S. v. Acoff, No. 10-285-cr (2nd Cir.) (634 F.3d 200) (February 9, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Acoff, No. 10-285-cr (2nd Cir.) (634 F.3d 200) (February 9, 2011) (Per Curiam) by Sentence for conviction of possessing five or more grams of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841, is vacated where the district court manifestly erred in sentencing defendant …