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United States Second Circuit - September 2007 Opinion Summaries

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Description Date Docket #

US v. Benjamin

United States Second Circuit
Criminal Law & Procedure, Sentencing
Sentences for drug-related offenses are vacated pursuant to the government's appeal as the district judge failed, for a second time, to give notice of...
09/27/2007 05-3677

Coleman v. Newburgh Enlarged City Sch. Dist.

United States Second Circuit
Administrative Law, Attorney's Fees, Civil Procedure, Civil Rights, Education Law
In case involving plaintiff, a disabled child suspended by defendants and who sought injunctive relief to reinstate him, rejection of defendants'...
09/25/2007 06-1466

Ford Motor Credit Co. v. NYC Police Dep;t

United States Second Circuit
Asset Forfeiture, Banking Law, Constitutional Law, Criminal Law & Procedure
In case where defendant city sought to preclude plaintiff from participating in motor vehicle forfeiture proceedings, judgment that defendant both...
09/24/2007 06-4600

US v. Wilson

United States Second Circuit
Criminal Law & Procedure, Evidence
Conviction and sentence for defendant's knowingly and intentionally making her residence available for use for the purpose of unlawfully...
09/24/2007 05-5985

US v. Villafuerte

United States Second Circuit
Criminal Law & Procedure, Sentencing
Sentence based on guilty plea to conspiring to possess with intent to distribute and conspiring to distribute over five hundred grams of cocaine is...
09/21/2007 06-1292

Zheng v. Gonzales

United States Second Circuit
Civil Rights, Immigration Law
Petition for review challenging denial of petitioner's motion to reopen his asylum proceedings is denied where the BIA did not abuse its discretion in...
09/21/2007 05-5741

Zapata v. City of New York

United States Second Circuit
Civil Procedure, Civil Rights
In civil rights suit alleging assault by a corrections officer on a prisoner, dismissal of one of the defendant corrections officers for failure to...
09/20/2007 06-1059

Giraldo v. Building Service 32B-J Pension Fund

United States Second Circuit
Attorney's Fees, Civil Procedure, ERISA, Labor & Employment Law
In ERISA action involving disability benefits, appeal from denial of plaintiff's application for attorney fees after partial grant of summary judgment...
09/20/2007 06-1706

Policano v. Herbert

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Grant of habeas petition is reversed as the court cannot say that no rational juror could have found beyond a reasonable doubt that petitioner acted...
09/19/2007 04-5518

US v. Capoccia

United States Second Circuit
Asset Forfeiture, Criminal Law & Procedure
Preliminary Order of Forfeiture ordering forfeited the contents of several bank accounts and other items in connection with defendant's conviction of,...
09/19/2007 06-0669

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