News

Case Summaries

Criminal Law & Procedure

[08/21] US v. Castillo Mendez
Reversing a conviction for attempted illegal reentry and remanding for a new trial because the district court provided an incorrect supplemental instruction in response to the jury's request for clarification with the meaning of specific intent to enter free from official restraint because the instruction erroneously focused on whether the defendant was under official restraint and falsely stated that the defendant did not need to be aware of official restraint.

[08/21] P. v. Halim
Affirming a trial court denial of a criminal defendant's motion to dismiss a grand jury indictment in a case where a plea agreement for harboring illegal aliens, misuse of visas, and minimum wage violations resulted in a second prosecution for violations of California's anti-trafficking statute which was not a Fifth Amendment double jeopardy violation because the federal crimes were not the same offense as the subsequent state human trafficking charges.

[08/21] US v. Brown
Affirming the district court's order dismissing a criminal defendant's appeal of the application of career-offender enhancements under the Sentencing Guidelines due to his prior South Carolina conviction for assault on a police officer while resisting arrest because a new Supreme Court precedent did not recognize a new right entitling the petitioner to relief, so the appeal was not timely.

[08/21] Clayton v. Biter
Denying an application for authorization to file a second or successive habeas petition and transferring the case to district court with instructions to treat the habeas petition as a first petition because a petition seeking resentencing rather than challenging the underlying conviction, meaning that the second or successive petition bar is not triggered.

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White Collar Crime

[08/04] US v. Ferriero
Affirming judgments of conviction, forfeiture, and sentencing based on violations of the RICO Act and federal wire fraud statutes arising from payments received in exchange for recommending to officials in towns to hire the bribing firm because New Jersey's bribery statute is not unconstitutionally vague and did not present issues with federalism.

[07/12] US v. Silver
Vacating and remanding the conviction of Sheldon Silver, former Speaker of the NY State Assembly for fraud, extortion, and money laundering, holding that the Supreme Court's decision in McDonnell rendered the district court's instructions on honest services fraud and extortion erroneous in light of McDonnell, but rejecting challenges to the sufficiency of the evidence overall.

[07/10] US v. Boyland
Denying the appeal of a judge convicted of 21 counts of public-corruption-related offenses, finding that subsequent decisions narrowing the interpretation of an 'official act' within the meaning of the federal bribery statute did not result in a plain error in the district court's instructions at trial.

[07/07] US ex rel Campie v. Gilead Sciences, Inc.
Reversing the district court's dismissal of claims under the False Claims Act by realtors against their former employer who made false statements about its compliance with FDA regulations regarding certain HIV drugs resulting in the receipt of billions of dollars from the federal government and alleging retaliation against the complaining realtor, holding that the realtors adequately pled a claim for retaliation.

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