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Article • December 1, 2012
U.S. v. Davis, No. 10-3424-cr(L) (2nd Cir.) (689 F.3d 179) (August 8, 2012) (Judge Reena Raggi) by Defendant's convictions for conspiring and attempting to commit Hobbs Act robberies, firearm and drug-related crimes, are affirmed, as the venue in the Southern District of New York for prosecution of the attempted Hobbs …
Article • November 1, 2002 • from P&J November, 2002
Matheny v. Morrison, No. 00-3845 (8th Cir.) (307 F.3d 709) (October 8, 2002) (Judge Gerald W. Heaney) by Here the Court held that, while challenges to the validity of a sentence must be brought under 28 U.S.C. § 2255 in the district where the sentencing court was located, a prisoner …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Hernandez, No. 97-30201 (9th Cir.) (189 F.3d 785) (August 17, 1999) (Judge M. Margaret McKeown) by In this case, the government conceded that Hernandez was "found in" the United States in Oregon, but argues that Hernandez was also "found in" the United States in Washington because section 1326 …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Brennan, No. 97-1440 (2nd Cir.) (183 F.3d 139) (July 7, 1999) (Judge Pierre N. Leval) by In a decision that the Court itself called "perhaps surprising", the Second Circuit vacated a series of mail fraud convictions obtained pursuant to 18 U.S.C. § 1341 on the ground that venue …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Truesdale, No. 97-10773 (5th Cir.) (152 F.3d 443) (August 24, 1998) (Judge Will L. Garwood) by Court reversed gambling convictions due to lack of evidence that defendants engaged in illegal bookmaking in Texas, where facts showed that bookmaking portion of their business occurred in Jamaica and the Dominican …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Marsh, No. 06-10287 (9th Cir.) (144 F.3d 1229) (May 27, 1998) (Judge John T. Jr. Noonan) by In this tax protester case the Court vacated a series of convictions both because Government's proof violated the Confrontation Clause and because of improper venue. United States v. Marsh, 144 F.3d …