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Criminal

Every decision we've filed under Criminal.

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Civil 3399 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251 Anders Brief 242
Jan 13 2025
2nd Cir. 22-2884 Panel Decision

Mallet v. New York State Department of Corrections and Community Supervision

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.

Civil Rights - Section 1983 Criminal Qualified Immunity Statute of Limitations
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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
9th Cir. 2:20-cr-00095- Published

UNITED STATES OF AMERICA v. LARRY SENG IN

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.

Criminal Fifth Amendment - Self-Incrimination Firearms Fourth Amendment - Search & Seizure
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Dec 30 2024
9th Cir. 9:21-cr-00029- Published

UNITED STATES OF AMERICA v. MICHAEL BLAKE DEFRANCE

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.

Criminal Drug Trafficking Firearms
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Dec 20 2024
9th Cir. 3:23-cv-00850-IM 2-1

ANDREW CHARLES NISBET v. SPIRIT ROSE BRIDGER

The Ninth Circuit affirmed the denial of a father's petition to return his two young children to Scotland under the Hague Convention. The court held that the children lacked a habitual residence in Scotland because their mother never intended to settle there and the children lacked meaningful social ties to the country.

Criminal Violent Crimes
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Dec 20 2024
2nd Cir. 22-2652 Panel Decision

United States v. Torres

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.

Criminal Firearms
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Dec 20 2024
2nd Cir. 22-2976 Panel Decision

United States v. Torres

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.

Criminal Firearms
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Dec 20 2024
2nd Cir. 22-2527 Panel Decision

United States v. Torres

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.

Criminal Firearms
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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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