Topic

Criminal

Every decision we've filed under Criminal.

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Civil 2129 Summary Judgment 481 Sentencing Guidelines 425 Civil Rights - Section 1983 406 Immigration (Civil) 360 Constitutional 356 Supervised Release 292 Drug Trafficking 280 Firearms 218 Civil Rights - Employment 208 Intellectual Property 165 Qualified Immunity 155
Apr 19 2024
2nd Cir. 22-2895-pr Panel Decision

JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit...

The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.

Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Criminal Prison Offenses
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Mar 12 2024
2nd Cir. 22-1426-cr Panel Decision

UNITED STATES OF AMERICA v. GHISLAINE MAXWELL

The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.

Criminal Fifth Amendment - Double Jeopardy Sentencing Guidelines Sex Offenses
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Dec 8 2023
2nd Cir.

Untitled Opinion

The Second Circuit affirmed the district courts’ preliminary injunctions against New York’s public firearm carriage laws, holding that Plaintiffs demonstrated a likelihood of success on their Second Amendment claims under the *Bruen* historical tradition test. The…

Criminal Drug Trafficking
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Dec 8 2023
2nd Cir.

Untitled Opinion

The Second Circuit affirmed the district courts’ injunctions against New York’s public firearm carriage laws, holding that the state failed to demonstrate these restrictions are consistent with the nation’s historical tradition of firearm regulation as required…

Criminal Drug Trafficking
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Sep 13 2024
2nd Cir. 22-1197-cr Panel Decision

UNITED STATES OF AMERICA v. MANUEL ANTONIO SUQUILANDA

The Second Circuit affirmed a conviction for unlawful reentry, ruling that defects in a Notice to Appear did not strip the Immigration Court of jurisdiction. The court also rejected an equal protection challenge, finding insufficient evidence that the illegal reentry statute was enacted with discriminatory intent.

Criminal Fourteenth Amendment - Equal Protection Immigration (Criminal)
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Oct 20 2023
United States Court… 22-3062 Panel Decision

UNITED STATES OF AMERICA v. THOMAS ROBERTSON

The D.C. Circuit affirmed Thomas Robertson's conviction for obstructing the Electoral College vote certification, ruling that his participation in the January 6 riot constituted acting "corruptly" through independently felonious means. The court further rejected Robertson's sentencing challenges, upholding an 87-month prison term based on the substantial interference caused to the administration of justice.

Criminal Robbery & Extortion Sentencing Guidelines
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Sep 8 2021
2nd Cir. 18-3710 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence of specific quid pro quos. The court further reaffirmed that non-officials who dominate and control government business owe a fiduciary duty to the public, rejecting arguments that Percoco's status as an unaffiliated advisor shielded him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 19-1272 Panel Decision

United States v. Percoco

The Second Circuit affirmed the honest-services fraud convictions of Joseph Percoco and Steven Aiello, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting the argument that Percoco's status as an unofficial advisor exempted him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 18-2990 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was legally flawed, the error was harmless. The court further reaffirmed that non-employees may owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.

Criminal Fraud
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Sep 8 2021
2nd Cir. 18-3712 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting arguments that Percoco's lack of formal employment shielded him from liability.

Criminal Fraud
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