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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
Oct 24 2024
2nd Cir. 22-1362 Panel Decision

State Farm Mutual Automobile Insurance Co. v. Tri-Borough NY Medical Practice P.C.

The Second Circuit reversed the district court's denial of a preliminary injunction against pending state-court proceedings, holding that an exception to the Anti-Injunction Act applies where federal arbitration claims are at stake and state litigation threatens irreparable harm. Applying the standard for enjoining state court actions under 28 U.S.C. § 2283, the court found State Farm likely to succeed on its claim that the Federal Arbitration Act preempts the state proceedings.

Civil Rights - Section 1983 Criminal Fraud
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Oct 22 2024
9th Cir. 2:99-cr-00433- 2-1

UNITED STATES OF AMERICA v. HOANG AI LE

The Ninth Circuit affirmed Hoang Ai Le's sentence, holding that his conspiracy was sufficiently advanced to deny a sentencing reduction under U.S.S.G. § 2X1.1(b)(2). The court reasoned that the conspirators were about to complete the substantive offense when interrupted by circumstances beyond their control, specifically the victim's lack of knowledge of the alarm codes.

Criminal Robbery & Extortion Sentencing Guidelines
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Sep 17 2024
2nd Cir. 21-1381 Panel Decision

American Girl, LLC v. Zembrka

The Second Circuit reversed a district court dismissal, holding that a foreign defendant transacted business in New York by accepting online orders from New York residents, even without physical shipment. The court clarified that New York's long-arm statute requires a transaction, not a completed delivery, to establish personal jurisdiction over interactive websites.

Criminal Embezzlement & Forgery
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Sep 12 2024
9th Cir. 4:22-cr-00208- Published

UNITED STATES OF AMERICA v. CENIOUS BREWSTER

The Ninth Circuit affirmed a 46-month prison sentence for a felon in possession of a firearm, ruling that the district court did not clearly err in applying a sentencing enhancement for reckless endangerment during flight. The court further held that the district court properly relied on Sentencing Commission data to address sentencing disparities and that the defendant forfeited arguments regarding a downward departure.

Criminal Firearms
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Sep 11 2024
9th Cir. 23-972 Published

UNITED STATES OF AMERICA v. SHEN ZHEN NEW WORLD I, LLC

The Ninth Circuit affirmed the bribery and fraud convictions of a real estate developer who lavished gifts on a Los Angeles city councilmember to secure support for a skyscraper project. The court clarified that federal bribery laws require only the intent to influence an official act, not a formal agreement or a specific quid pro quo exchange.

Criminal Fraud
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Sep 11 2024
2nd Cir. 23-229 Panel Decision

Hyunhuy Nam v. Permanent Mission of the Republic of Korea to the United Nations

The Second Circuit vacated a district court ruling that denied sovereign immunity to a foreign state's UN mission, holding that the employment of a non-diplomatic chauffeur for high-ranking officials may constitute a sovereign function rather than commercial activity. The appellate court found the lower court erred by shifting the burden of proof and failing to conduct a nuanced examination of the specific context surrounding the driver's duties.

Criminal National Defense & Espionage Summary Judgment
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