 | Daily Opinion Summaries
U.S. 2nd Circuit Court of Appeals |  | | June 07, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Securities Law, Criminal Law & Procedure, Sentencing
• US v. Wolfson
Sentencing, Evidence, Criminal Law & Procedure, Habeas Corpus
• Whitley v. Ercole
Habeas Corpus, Sentencing, Criminal Law & Procedure
• Vu v. US
Administrative Law, Immigration Law, Evidence
• Boluk v. Holder
Criminal Law & Procedure, Criminal Law & Procedure, Sentencing, Sanctions
• US v. Lauersen
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LATEST SUMMARIES Securities Law, Criminal Law & Procedure, Sentencing
US v. Wolfson, No. 10-2786
Convictions and sentencing of defendant for securities fraud arising from a pump and dump stock scheme are upheld where sufficient evidence supports conviction, and the court properly instructed jury fiduciary duty liability. Read more... Sentencing, Evidence, Criminal Law & Procedure, Habeas Corpus
Whitley v. Ercole, No. 10-3119
In a petition for habeas relief from defendant’s conviction for murder, judgment of the district granting relief on the basis of the trial court’s failure to inform jury that testimony provided by a witness in preceding trial had been recanted is reversed, where defendant failed to preserve objection during trial. Read more...
Habeas Corpus, Sentencing, Criminal Law & Procedure
Vu v. US, No. 11-909
Defendant’s application for leave to file a successive 28 U.S.C. section 2255 motion challenging his murder-for-hire conviction is denied, where because a prior unsuccessful section 2255 motion was filed for the purpose of obtaining a direct appeal, and did not directly attack defendant's conviction or sentence, the instant section 2255 motion is not successive within the meaning of 28 U.S.C. section 2255(h). Read more... Administrative Law, Immigration Law, Evidence
Boluk v. Holder, No. 10-2396
In a petition for review of a BIA order of removal, petition is denied where agency: 1) properly placed on petitioner the burden of establishing that his qualifying marriage (which failed) was entered in good faith; 2) applied the proper standard for assessing eligibility for a hardship waiver; and 3) properly weighed the evidence. Read more... Criminal Law & Procedure, Criminal Law & Procedure, Sentencing, Sanctions
US v. Lauersen, No. 09-0255
In an order subjecting defendant to delinquency and default penalties for failure to pay a restitution and fine arising from his criminal conviction, 18 U.S.C. section 3612(g), judgment of the district court denying a waiver or reduction of penalties is affirmed where only the Attorney General may waive all or part of a Section 3612(g) delinquency or default penalty. Read more...
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