United States Second Circuit - January 2012 Opinion Summaries

US v. Cain

Constitutional Law, Criminal Law & Procedure, Sentencing, Evidence
In a prosecution of three individuals for racketeering and various related offenses, one defendant's RICO and RICO conspiracy convictions are reversed...

Fowlkes v. Thomas

Government Benefits
On a prisoner's postjudgment motion for an order directing the Social Security Administration (SSA) to re-tender a check for retroactive supplemental...

Collins v. Ercole

Criminal Law & Procedure, Habeas Corpus
On petition for habeas corpus brought by a prisoner who had earlier brought several post-conviction motions in state court, the district court's...

Chevron Corp. v. Naranjo

Environmental Law, International Law, Judgement Enforcement, Oil and Gas Law
In a case in which a potential judgment-debtor sought a global anti-enforcement injunction against defendants from the Lago Agrio region of the...

US v. Watkins

Criminal Law & Procedure, Sentencing
On appeal of a sentence imposed after a guilty plea to a charge of transporting a minor in interstate commerce with intent to engage in criminal...

TIFD III-E, Inc. v. US

Banking Law, Corporation & Enterprise Law, Sanctions, Tax Law
In a suit by a taxpayer partner challenging IRS notices of adjustment reallocating a large percentage of the partnership's income for the years 1993...

Parker v. Ercole

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
On a petition for habeas corpus asserting that the petitioner's counsel was ineffective as a result of failing to preserve his claim that there was...

Huppe v. WPCS International Inc.

Administrative Law, Corporation & Enterprise Law, Securities Law
In a shareholder derivative action seeking disgorgement of short-swing profits realized by two limited partnerships that were beneficial owners of...

US v. Barner

Constitutional Law, Criminal Law & Procedure, Evidence
In a federal prosecution of a parolee for being a previously convicted felon in possession of firearms and ammunition, the district court's grant of a...

US v. Baker

Criminal Law & Procedure, Sentencing
Imposition of the mandatory minimum sentence under the Armed Career Criminal Act (ACCA) is affirmed, as the defendant's prior two escapes from a...