United States Second Circuit - June 2008 Opinion Summaries

US v. Whitley

Sentencing
A sentence judgment which imposed concurrent terms of 282 months for a Hobbs Act robbery and a career criminal firearms possession violation, plus a...

In re: CBI Holding Co., Inc.

Bankruptcy Law, Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Remedies
In bankruptcy proceedings wherein plaintiff (the court appointed disbursing agent of a Plan of Reorganization) brought claims against...

Parisi v. US

Criminal Law & Procedure
Judgment denying habeas relief is affirmed where, despite the concern that stipulated "ends-of-justice" continuances may not be consistent with Zedner...

Li v. Mukasey

Administrative Law, Evidence, Immigration Law
Petition for review of BIA decision denying petitioner's applications for asylum, withholding of removal, and relief under the CAT is granted where:...

US v. Hasarafally

Criminal Law & Procedure, Ethics & Disciplinary Code, Ethics & Professional Responsibility
Motion to recuse the entire United States Department of Justice from representing the government because the criminal judgment under review had been...

Pena v. US

Criminal Law & Procedure, Ethics & Disciplinary Code, Ethics & Professional Responsibility
An appellate counsel's failure to inform his client's of his right to file for certiorari, as opposed to first-tier appellate, review does not...

Nnebe v. US

Criminal Law & Procedure, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Remedies
When an appellate counsel promises to file a certiorari for a criminal defendant but fails to do so, one of the possible remedies available to...

US v. Gonzalez

Criminal Law & Procedure, Sentencing
Sentence imposed on a defendant for violating the terms of his supervised release is vacated and remanded where the district court: 1) omitted...

Bah v. Mukasey

Administrative Law, Immigration Law
Petitions for review of a BIA decision finding petitioners ineligible for withholding of removal based on claims of genital mutilations which they...

US v. Leonard

Banking Law, Criminal Law & Procedure, Evidence, Securities Law, Sentencing, White Collar Crime
In a criminal prosecution for securities fraud offenses, defendants' convictions are affirmed over claims that: 1) there was insufficient evidence to...