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Second Circuit – Rule 36 motion: USA v. Jacques
Daily Record Staff//September 30, 2021//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Rule 36 motion
Mootness – Authority to issue corrected order
USA v. Jacques
20-1762(L)
Judges Kearse and Carney
Background: The plaintiff filed a motion to dismiss the defendant’s appeal from an order that denied his motion to correct errors in his judgment of conviction. The government argues that the appeal is moot because the court’s second order, making the corrections requested in the previously denied Rule 36 motion.
Ruling: The Second Circuit held that because the district court entered the second order while the defendant’s appeal challenging the first order was pending, the court lacked authority to enter the second order. Thus, the defendant’s appeal is not moot.
Seth D. DuCharme, acting United States attorney, for the appellee; Gary Jacques, pro se.
Case Digests
- Second Circuit – Appellate counsel: United States v. Samuels
- Fourth Department – Pre-answer motion to dismiss: Villalba v. City of Auburn, et al.
- Court of Appeals – Office of Children and Family Services: Lawyers for Children, et al. v. NYS Office of Children and Family Services, et a.
- Fourth Department – Assault: People v. Talley
- Court of Appeals – Family Court Act: Abdoch v. Abdoch
- Second Circuit – Medicaid: Bellin v. McDonald
- Fourth Department – Family Court: Sprague v. Younes
- Second Circuit – False Claims Act: United States of America v. Amazon.com Inc.
- Fourth Department – Notice of claim: Jarrod W.S. v. Jordan-Elbridge CSD, et al.
- Western District Case Notes
- Second Circuit – Distribution of a controlled substance: United States v. Parasmo
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