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Tag Archives: u.s. court of appeals for the second circuit

Second Circuit — Sentencing Guidelines: United States v. Rodriguez

U.S. Court of Appeals for the Second Circuit Sentencing Guidelines Concurrent vs. Consecutive United States v. Rodriguez 12-1214-cr Judges Winter, Calabresi and Lynch Background: The defendant pleaded guilty to illegally reentering the U.S. following a conviction for an aggravated felony. ...

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Second Circuit — Turnover Proceedings: Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce

U.S. Court of Appeals for the Second Circuit Turnover Proceedings Actual Possession Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce 12-1857-cv Judges Cabranes, Straub and Hall Background: The plaintiff appealed from the denial of its motion ...

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Second Circuit — Sentencing Reduction: United States v. Figueroa

U.S. Court of Appeals for the Second Circuit Sentencing Reduction Post-Sentence Conduct — Danger to the Community United States v. Figueroa 12-3271-cr Judges Leval, Cabranes and B.D. Parker Background: The defendant appealed from the denial of his motion for resentencing. The ...

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Second Circuit — Dismissed Appeal: RLI Insurance Co. v. JDJ Marine Inc.

U.S. Court of Appeals for the Second Circuit Dismissed Appeal Motion to Extend Time to File — Extraordinary Circumstances RLI Insurance Co. v. JDJ Marine Inc. 12-3871-cv Judges Newman, Winter and Cabranes Background: The defendant appealed to reinstate an appeal ...

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U.S. Court of Appeals for the Second Circuit — Amended Zoning Laws: Edelhertz v. City of Middletown

U.S. Court of Appeals for the Second Circuit Amended Zoning Laws Notice — Legislative vs. Adjudicative Character Edelhertz v. City of Middletown 12-3923-cv Judges Cabranes, Wesley and Wallace Background: The plaintiff alleged that the defendant city failed to notify him ...

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Second Circuit — Resentencing: United States v. Steele

U.S. Court of Appeals for the Second Circuit Resentencing Prior Downward Departure United States v. Steele 12-1072-cr Judges Cabranes, Wesley and Wallace Background: At issue is whether a sentencing court, exercising its authority to reduce a term of imprisonment, may ...

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Second Circuit — Securities Fraud: Fezzani v. Bear, Stearns & Co., et al.

U.S. Court of Appeals for the Second Circuit Securities Fraud Federal Civil Standard — State Law Fezzani v. Bear, Stearns & Co., et al. 09-4414-cv Judges Winter, Cabranes and Lohier Background: The plaintiffs appealed from the dismissal of their complaint ...

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Second Circuit — Bankruptcy — Equity Interest: Weber v. SEFCU

U.S. Court of Appeals for the Second Circuit Bankruptcy — Equity Interest Possessory Interest — Wrongful Retention Weber v. SEFCU 12-1632-bk Judges Cabranes, Raggi and Carney Background: The defendants appealed from a finding that it had violated the Bankruptcy Code’s ...

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Second Circuit — Local Police Powers: Steel Institute of New York v. City of New York

U.S. Court of Appeals for the Second Circuit Local Police Powers Federal Pre-emption Steel Institute of New York v. City of New York 12-276-cv Judges Jacobs, Calabresi and Sack Background: The plaintiff appealed from an order granting the defendant’s motion ...

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