Topic
Every decision we've filed under Criminal.
The Second Circuit reversed Edward Mangano's federal programs bribery convictions, ruling that the evidence was insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his honest services fraud and obstruction of justice convictions, holding that the jury instructions were proper and the evidence sufficient to support those charges.
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.
The Second Circuit vacated the dismissal of a securities fraud class action, holding that minority shareholders adequately alleged loss causation and that the scienter of conflicted directors is imputable to the company. The court ruled that the fraud-on-the-market presumption applies to shareholders who forfeited appraisal rights in a freeze-out merger, allowing the case to proceed to trial.
The Second Circuit reversed the dismissal of an inmate's Eighth Amendment claim, holding that the statute of limitations did not begin to run until he reasonably suspected he had prostate cancer, not when he was released from prison. The court remanded the case for further proceedings on the claims against two prison doctors while dismissing the claims against a third provider and state officials.
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.
The Ninth Circuit reversed a district court's suppression order, ruling that handcuffing a suspect during a traffic stop did not constitute an unlawful de facto arrest. The panel held that officers had a reasonable basis to fear for their safety given an unsecured firearm and the suspect's uncooperative demeanor.
The Ninth Circuit reversed Michael Blake DeFrance's conviction for possessing a firearm as a convicted domestic abuser because his prior state offense did not legally require physical force. The court held that Montana's assault statute is too broad to qualify as a predicate offense under federal law because it can be violated by inflicting emotional distress alone.
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.
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.