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The Second Circuit affirmed convictions for RICO conspiracy and related firearm offenses against three Rollin' 30s Crips leaders, rejecting challenges to evidence sufficiency and jury instructions. The court dismissed one defendant's appeal regarding a sentencing departure for lack of jurisdiction, leaving his 288-month prison term intact.
The Second Circuit affirmed RICO and firearm convictions for three Rollin' 30s Crips leaders, rejecting claims of insufficient evidence and trial errors. The court dismissed one defendant's sentencing appeal for lack of jurisdiction while upholding the remaining judgments.
The Second Circuit affirmed the convictions of three Rollin' 30s Crips members for racketeering and firearms offenses, finding the evidence sufficient to support the jury's verdicts. The court dismissed one defendant's appeal regarding a sentencing departure for lack of jurisdiction due to a missed filing deadline.
The Second Circuit reversed a dismissal of an antitrust claim against Meta, holding that the plaintiff adequately alleged fraudulent concealment to equitably toll the statute of limitations. The court found that Meta's public statements about its algorithmic feed and the inherently self-concealing nature of the suppression scheme prevented the plaintiff from discovering the claim until October 2017.
The Second Circuit affirmed the dismissal of an ERISA class action alleging excessive recordkeeping fees, holding that plaintiffs failed to plausibly allege a breach of the duty of prudence. The court ruled that comparing fee amounts without specific factual context regarding the quality and scope of services provided is insufficient to state a claim.
The Second Circuit vacated a dismissal, holding that Connecticut lawyers have Article III standing to challenge a new bar rule restricting speech. The court found the plaintiffs plausibly alleged a credible threat of enforcement that chills their First Amendment rights.
The Ninth Circuit affirmed Barry Ray Knight's conviction for child pornography offenses but vacated specific supervised release conditions that were not orally pronounced. The court rejected Knight's argument that a pornography restriction was overbroad because it applies only to visual depictions rather than written descriptions.
The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.
The Ninth Circuit affirmed a preliminary injunction against Idaho's 'recruiting' prong of its abortion trafficking statute, ruling it unconstitutionally overbroad under the First Amendment. However, the court reversed the injunction regarding the 'harboring' and 'transporting' provisions, finding those terms cover non-expressive conduct unlikely to violate the Constitution.
The Second Circuit affirmed Andrew Davis's conviction for conspiracy to commit money laundering, ruling that circumstantial evidence sufficiently linked his girlfriend's cash deposits to his drug trafficking proceeds. The court also rejected ten pro se arguments regarding ineffective assistance, double jeopardy, and sentencing enhancements as meritless, forfeited, or premature.
