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Feb 13 2025
9th Cir. 21-1422 Published

EDGAR MURILLO-CHAVEZ v. PAMELA BONDI, Attorney General

The Ninth Circuit affirmed the denial of cancellation of removal for a lawful permanent resident convicted of crimes involving moral turpitude. The court held that the petitioner failed to prove prejudice from ineffective assistance of counsel because his Special Immigrant Juvenile status did not constitute a legal admission, meaning his offenses occurred within the seven-year bar period.

Civil Immigration (Civil)
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Feb 10 2025
9th Cir. 3:19-cr-05000- Published

UNITED STATES OF AMERICA v. LAMAR ALLEN THOMPSON

The Ninth Circuit affirmed a 28-year federal sentence for child pornography production, ruling that a prior Washington child molestation conviction triggers a statutory ten-year mandatory minimum enhancement. The court also rejected an unpreserved argument that the district court erred by declining to recommend concurrent service with anticipated state sentences.

Child Sexual Abuse Material Criminal Mandatory Minimum Supervised Release
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Jan 13 2025
2nd Cir. 22-1227 Panel Decision

Pearson v. Gesner

The Second Circuit affirmed the dismissal of a prisoner's medical neglect claims but vacated the dismissal of his excessive force allegations. The court held that the district court erred by relying on a defendant's self-serving report and a video to evaluate the sufficiency of the complaint under Rule 12(b)(6).

Civil Civil Rights - Section 1983
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Jan 3 2025
2nd Cir. 22-1799 Panel Decision

United States v. Cuomo

The Second Circuit affirmed Guy Cuomo's convictions for computer fraud and identity theft, ruling that impersonating debtors to access state unemployment databases constituted unauthorized access under the Computer Fraud and Abuse Act. The court also upheld his 45-month sentence, rejecting challenges to the evidence sufficiency and sentencing enhancements.

Criminal Sentencing Guidelines
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Dec 30 2024
2nd Cir. 23-793 Per Curiam

Carroll v. Trump

The Second Circuit affirmed the $5 million judgment against Donald Trump, ruling that the district court properly admitted evidence of prior sexual misconduct and a 2005 recording under Federal Rules of Evidence 415 and 404(b). The court held that Trump failed to demonstrate any reversible error or that such rulings affected his substantial rights, thereby denying his request for a new trial.

Constitutional Habeas Corpus - General (28 USC 2241)
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Dec 23 2024
9th Cir. 21-1096 Published

VITALIY CHMUKH v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of asylum and withholding of removal for a Ukrainian national convicted of possessing a stolen vehicle. The court held that the Washington state statute aligns with the federal definition of an aggravated felony and that the conviction constitutes a particularly serious crime.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Dec 23 2024
2nd Cir. 23-282 Panel Decision

Qorrolli v. Metropolitan Dental Associates, D.D.S. - 225 Broadway, P.C.: Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C.

The Second Circuit affirmed a district court's decision to grant a new trial in a sexual harassment case after a jury awarded excessive damages. The appellate court held that the initial $2 million punitive damages award indicated jury prejudice and that the exclusion of the plaintiff's psychiatric records did not abuse judicial discretion.

Criminal Violent Crimes
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Dec 10 2024
2nd Cir. 23-763 Panel Decision

Phhhoto Inc. v. Meta Platforms, Inc.

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.

Criminal Embezzlement & Forgery Statute of Limitations
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Dec 3 2024
9th Cir. 3:21-cv-01416- Published

Windy Cove, Inc. v. Circle K Stores Inc.

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.

Civil Contract Summary Judgment
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Nov 26 2024
2nd Cir. 22-639 Per Curiam

United States v. Davis

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.

Constitutional Fifth Amendment - Double Jeopardy Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - General (28 USC 2241)
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