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Criminal

Every decision we've filed under Criminal.

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Civil 3563 Summary Judgment 853 Sentencing Guidelines 761 Civil Rights - Section 1983 689 Immigration (Civil) 668 Constitutional 557 Supervised Release 495 Drug Trafficking 463 Civil Rights - Employment 389 Firearms 337 Qualified Immunity 264 Anders Brief 253
May 10 2024
United States Court… 22-3086 Panel Decision

UNITED STATES OF AMERICA v. STEPHEN K. BANNON

The D.C. Circuit affirmed Stephen Bannon's conviction for contempt of Congress, rejecting his argument that the statute requires bad faith or that advice of counsel is a valid defense. The court held that the statutory term 'willfully' is satisfied by a deliberate and intentional refusal to comply with a congressional subpoena, regardless of the defendant's subjective belief in their legal justification.

Criminal Other Criminal
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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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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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