Appeals Division

The Appeals Division


The District of Connecticut’s Appellate Division is led by Sandra S. Glover, who serves as Chief of Appeals, and Marc H. Silverman, who serves as Deputy Chief.

Second Circuit Briefs



Archives: 2013 |2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004


2014 Second Circuit Briefs

US v. Johnson December 8, 2014

Criminal appeal by defendant challenging district court’s conclusion regarding maximum term of imprisonment following revocation of supervised release.

US v. Wells October 24, 2014

Criminal appeal by defendant challenging procedural and substantive reasonableness of the sentence imposed after violation of supervised release.

US v. Juan Jose Alvarez de Lugo Azpurua October 10, 2014 Criminal appeal by defendant challenging substantive reasonableness of his sentence.
US v. Pinto September 9, 2013 Criminal appeal by defendant claiming that below guidelines sentence was substantively unreasonable.
Cassotto v. Postmaster General August 25, 2014 An employment discrimination case, former federal employee challenging district court’s grant of a new trial motion.
US v. Ganias August 14, 2014

Petition for rehearing challenging court’s opinion suppressing evidence.

US v. Jackson August 8, 2014 Criminal appeal by defendant claiming judge did not consider mitigating factors in sentencing.
US v. Kinney July 30, 2014

Reply brief in government appeal challenging court’s failure to order restitution for all victims of offense.

US v. Ortiz July 29, 2014

Criminal defendant claiming that his supervised release revocation term was capped at 2 years, instead of the 5 year term applicable to the conviction for which he was originally convicted.

Schaghticoke Tribal Nation v. Kend School Corp July 1, 2014

Appeal by group of Indians challenging district court’s dismissal of their claims under the Indian Nonintercourse Act after finding, based on Interior’s fact finding, that the group was not a tribe.

US v. Plummer June 30, 2014 Criminal appeal by defendant challenging jury instructions, alleging prosecutorial misconduct in closing argument, and claiming sentencing error.
US v. Whitehead June 3, 2014 Criminal appeal by defendant challenging sufficiency of the evidence.
US v. Bowles May 21, 2014

Criminal appeal by defendants challenging sufficiency of evidence of drug conspiracy, denial of motion for mistrial, and alleged sentencing errors.

US v. Cossette May 2, 2014 Criminal appeal by defendant claiming that he lacked fair notice that his conduct violated the law.
US v. Hylton April 22, 2014 Appeal challenging district court’s finding that appellants violated the Fair Housing Act.
US v. Zaky April 7, 2014

Criminal appeal by defendant challenging sufficiency of the evidence, alleging constructive amendment of the indictment, and charging various sentencing errors.

US v. Mancini March 27, 2014

Criminal appeal by defendant claiming that delay in holding his revocation of supervised hearing violated due process.

US v. Dwyer March 13, 2014

Criminal appeal by defendant challenging application of guidelines enhancements for abduction and carjacking, and other procedural issues.

US v. Brodsky February 11, 2014

Criminal appeal by defendant to challenge denial of motion to suppress, sentencing enhancement for role in the offense, and determination of drug quantity.

US v. Viola January 17, 2014 Supplemental brief to respond to pro se brief by defendant challenging guidelines calculation and amended restitution order.
US v. Candelario January 10, 2014 Criminal appeal challenging sufficiency of the evidence with respect to possession of cocaine.
US v. $829,422.42 January 8, 2013 Appeal by claimant challenging civil forfeiture of funds that were involved in a violation of 18 USC 1960.
US v. Pressley January 7, 2013 Criminal appeal by defendant challenging procedural and substantive reasonableness of sentence.


2013 Second Circuit Briefs

US v. Underhill December 30, 2013 Criminal appeal challenging (1) failure to incorporate Rule 11 in proceedings for revocation of supervised release, and (2) reasonableness of sentence.
US v. Bethea December 16, 2014

Petition for rehearing, asking Court to reconsider part of opinion addressing standards for motions under 18 USC 3582(c)(2)

US v. Poupart December 13, 2013

Criminal appeal by defendant challenging the district court’s decision to let him file a pro se motion without conducting a Faretta inquiry and the reasonableness of his sentence.

US v. Zayac December 4, 2013 Criminal appeal challenging evidentiary rulings, failure to give duress instruction, and sufficiency of the evidence.
US v. Hodge November 25, 2013 Criminal appeal by defendant challenging reasonableness of term of supervised release.
US v. Rodriguez November 15, 2013

Appeal by defendant challenging district court’s discretionary decision to deny him a sentence reduction under 18 USC 3582.

US v. Trudeau, Jr. November 8, 2013 This is a criminal case in which the defendant, who was acquitted of 7 of the 9 counts against him, challenges the procedural and substantive reasonableness of his 188 month sentence based on the claim that it was based on acquitted conduct.
US v. Redd November 1, 2013 Appeal by defendant claiming that his Alford pleas in state court were insufficient to prove that he had committed a crime for purposes of a hearing on a violation of supervised release.
US v. Thorndike October 31, 2013

Appeal by criminal defendant challenging multiple sentencing enhancements and district court’s refusal to depart downward.

US v. Melendez September 30, 2013 A brief challenging the substantive reasonableness of a 168-month sentence by a defendant convicted of possession of child pornography.
US v. Williams September 19, 2013 Consolidated appeal by 3 defendants convicted of bank fraud and related crimes, challenging sufficiency of the evidence, and various sentencing issues, including calculation of loss amount.
US v. Pappas September 3, 2013 Criminal defendant appealing to challenge order re-sealing a document.
US v. Viola August 29, 2013 An appeal by a criminal defendant challenging the procedural and substantive reasonableness of his 100-month Guideline sentence for running a $7 million Ponzi scheme.
US v. Davis August 28, 2013 Brief challenging the district court’s findings that the defendant was a career offender and second offender and claims that a prior conviction for second degree assault does not qualify as a crime of violence and a prior conviction for possession of narcotics does not qualify as a prior felony drug offense.
US v. Edwards August 12, 2013 Criminal appeal by defendant challenging denial of his suppression motion and his sentencing as an armed career criminal.
US v. Nawaz August 5, 2013 Consolidated appeals by 4 defendants in a mortgage fraud case challenging sufficiency of the evidence and raising multiple sentencing issues.
US v. Kinney July 31, 2013 Government appeal challenging district court's failure to order restitution for all victims of the defendant's scheme.
US v. Cardona July 23, 2013 Brief in response to a criminal appeal challenging the district court’s denial of a motion to suppress evidence seized pursuant to a search incident to arrest, the automobile exception to the warrant requirement, a protective sweep and a voluntary, written consent.
US v. Generali July 12, 2013 Defendant’s appeal attacking the procedural and substantive reasonableness of his sentence for stealing over $450,000 from the Boys and Girls Club of Waterbury and whether the court erred in refusing to give him credit for acceptance of responsibility.
US v. Kennedy July 12, 2013

Criminal appeal by defendant challenging sufficiency of the evidence for his home invasion conviction and alleging various sentencing errors.

US v. Pearson July 11, 2013 Criminal appeal by defendant alleging that the court failed to consider his mental health history in fashioning a sentence.
US v. Chibuko July 8, 2013 A defendant’s appeal challenging the procedural and substantive reasonableness of the sentencing court’s decision to impose three consecutive two-year incarceration terms on three separate counts of aggravated identity theft.
US v. Bethea June 26, 2013 Appeal by defendant challenging district court’s denial of sentence reduction based on changes to the crack cocaine sentencing guidelines.
US v. Roy June 17, 2013 A brief by a criminal defendant challenging the district court’s finding that he is an armed career criminal based on prior CT third degree burglary convictions. 
US v. Nunez-Banuelos June 12, 2013 Criminal appeal by defendant challenging sufficiency of the evidence that he intended to deceive or defraud the Connecticut Department of Labor when he used a social security number that did belong to him to obtain unemployment benefits.
US v. Harvey June 4, 2013 A brief in a defendant’s criminal appeal where he challenges the sufficiency of evidence in a felon-in-possession case and challenges the application of the Armed Career Criminal Act to him. 
US v. Bell May 3, 2013 This is a criminal appeal in which the defendant claims that two avenues of cross examination of him during trial violated his constitutional rights by asking him about what other witnesses said and about post-arrest statements he made to the police.
Setevage v. DHS May 1, 2013 Appeal challenging entry of summary judgment in ADEA case, claiming district court erred in finding his filing with EEOC was untimely
US v. Sensi April 17, 2013 This is a criminal appeal in which the defendant challenges the denial of a motion to suppress child pornography seized from a locked duffle bag and claims that his 85-year sentence was substantively unreasonable.
US v. Leonard April 12, 2013 Appeal by defendant who was sentenced under a binding plea agreement challenging the denial of his motion for a reduced sentence under 18 USC 3582(c)(2).
US v. Wiggan April 8, 2013 Criminal appeal by defendant challenging denial of his suppression motion and his classification as an Armed Career Criminal.
Morris v. US March 27, 2013 A habeas appeal in which the petitioner claims that the district court erred by allowing the jury to take home a copy of the charge during deliberations.
US v. Brass March 18, 2013 Criminal appeal by a defendant challenging court’s decision to sentence above the guidelines range.
US v. Marshall March 8, 2013

A brief in a criminal case where a pro se defendant who was convicted of bank and access device fraud after trial is objecting to his appointed counsel’s Anders brief, which alleges that there are no non-frivolous issues for appeal.

US v. McGee March 8, 2013 A reply brief in a criminal case addressing the issue of whether the grand jury’s failure to indict an FSA quantity can be harmless if the defendant admitted to a much higher quantity when he pleaded guilty.
US v. Lynch March 8, 2013 Criminal appeal by defendant claiming that his speedy trial rights were violated and that the court erred at sentencing by treating the guidelines as mandatory.
US v. Goins March 1, 2013 Appeal by defendant challenging district court’s refusal to grant a larger sentencing reduction than was granted.
US v. Reyes February 26, 2013 Criminal appeal by defendant challenging the length of his supervised release term.
US v. McLean January 28, 2013 Sentencing appeal with defendant challenging adequacy of court’s statement of reasons for sentence and substantive reasonableness of guidelines sentence.
Vidro v. USA January 23, 2013 Civil appeal challenging dismissal of suit under the FTCA because the federal agents would be protected by absolute immunity.
US v. Ruocco January 22, 2013 An appeal by a defendant convicted of wire fraud who is challenging the sufficiency of the evidence, the district court’s exclusion of testimony by a defense witness, the district court’s finding on loss at sentencing, and the district court’s restitution order.
US v. Hammett January 18, 2013 A consolidated appeal for one defendant challenging the substantive reasonableness of his 240-month sentence, and another defendant challenging the district court’s denial of his motion to suppress items seized from him when he was arrested, the district court’s ruling on his ex parte motion to monies to hire a drug expert, and the sufficiency of the evidence supporting his crack conspiracy conviction. 
Jones-Reid v. Social Security January 2, 2013

A brief by a plaintiff claiming that the Commissioner of Social Security erred in concluding that she was not disabled under the Social Security Act and, in particular, that there were jobs she could perform in the national economy.


2012 Second Circuit Briefs

Case Name
Date Filed
Description
Flaquer v. US December 17, 2012

This is an appeal involving a habeas petitioner’s claim that his trial counsel was ineffective for failing to call a witness at sentencing to challenge a role enhancement.

US v. Sanderson December 11, 2012

Criminal appeal by defendant challenging sentencing guideline enhancement for “unduly influencing” a minor to engage in sexual conduct and by a defendant challenging restitution order

Cato Estate v. Generations Family Health Center December 10, 2012

Plaintiff appealing dismissal of medical malpractice claim under the FTCA for failure to exhaust administrative remedies.

US v. Pena November 30, 2012 Consolidated appeal for three defendants which addresses two different defendants’ challenges to the district court’s finding of drug quantity at sentencing and one defendant’s challenge to the probable cause supporting a search warrant for his residence and the sufficiency of the evidence to support the jury’s guilty verdicts on narcotics distribution charges.
US v. Muhammad November 16, 2012 Defendant looking to overturn his sentence because the district court imposed a mandatory minimum that no longer exists under the Fair Sentencing Act of 2010.
US v. Logan November 15, 2012

Mortgage fraud defendant’s brief challenging the government’s failure to recommend a third point for acceptance of responsibility, as well as the procedural and substantive reasonableness of her 24-month guideline sentence.

US v. Corbett November 13, 2012

A defendant convicted of murder challenging the voluntariness of his post-arrest statement, the sufficiency of the evidence to support his conviction, the admissibility of evidence of his possession of a firearm before and after the murder, and the constitutionality of his life sentence.

US v. Russell November 13, 2012

Defendant appealing his sentence, claiming that the district court’s role enhancement was erroneous, and appealing his conviction, claiming a police officer perjured himself at trial.

US v. Bangoura November 13, 2012

Criminal appeal by defendant challenging court’s failure to give jury instruction on standard of proof for Rule 404(b) evidence.

US v. Robinson November 6, 2012

Criminal appeal by defendant challenging sufficiency of the evidence for his conspiracy conviction, introduction of pre-trial identification by cooperating witness, and district court’s refusal to depart downward for overstatement of criminal history.

US v. Ganias November 5, 2012

Criminal appeal by defendant challenging denial of motion to suppress and arguing that juror misconduct warranted new trial.

US v. Bourque October 16, 2012 This is an appeal in which the defendant challenges the substantive reasonableness of his 120-month sentence, imposed in a case involving the possession and distribution of child pornography. 
US v. Carter October 15, 2012

This brief addressed a pro se defendant’s claim, after he had already made similar claims in a habeas petition, that his trial and appellate counsel were ineffective in various respects.

US v. Smith October 12, 2012

Criminal appeal by defendant challenging restitution order that held her responsible for losses caused by the conspiracy.

US v. Rawls October 4, 2012

Criminal appeal by 2 defendants challenging sufficiency of the evidence against them, and sentencing decisions establishing drug quantity and enhancements for role in the offense.

US v. Babar August 30, 2012

Defendant’s appeal of his sentence challenging the court’s role enhancement, the denial of a third point reduction for acceptance of responsibility, and the substantive reasonableness of his sentence.

US v. Moorning August 20, 2012

Criminal appeal by defendant arguing that he was eligible for a sentence reduction under 18 USC 3582 and the revised crack cocaine guidelines.

US v. Cassetti August 10, 2012 Criminal appeal by defendant challenging district court’s (1) denial of his request for credit for acceptance of responsibility and (2) assignment of one criminal history point for a 2008 marijuana possession conviction.
US v. Soto-Solivan August 2, 2012 Criminal case where a defendant is challenging the district court’s application of a four level leadership enhancement, as well as the substantive reasonableness of his sentence.
US v. Maylor August 2, 2012 Criminal appeal by a defendant challenging, for the first time on appeal, the admission of hearsay evidence and the failure to authenticate evidence at trial, and challenging the court’s decision to permit him to proceed pro se at sentencing.
US v. Davis August 1, 2012

Criminal appeal by defendant claiming that district court improperly treated guidelines as mandatory at sentencing.

McCoy v. US July 5, 2012

This appeal addresses a petitioner’s claim of ineffective assistance of counsel in connection with his trial counsel’s failure to challenge a second offender notice which doubled the mandatory minimum incarceration term.

US v. Boisvert June 4, 2012

Criminal appeal by a defendant claiming (1) that court should have dismissed one of his child exploitation charges because there was no actual minor involved in the offense, (2) that court erred in enhancing his sentence for obstruction of justice based on his trial testimony, and (3) that his sentence was procedurally and substantively unreasonable.

US v. Washington May 29, 2012

Defendant’s criminal appeal attacking the defendant’s career offender status, along with the procedural and substantive reasonableness of a 20 year sentence.

US v. Oehne April 27, 2012

Defendant’s criminal appeal challenging the denial of his suppression motion based on a finding that he did not invoke his right to counsel prior to making statements to the police and challenging the reasonableness of the court’s 45 year sentence.

US v. Delossantos April 20, 2012 Criminal appeal by defendant claiming that court erred in imposing a guidelines enhancement for obstruction of justice.
US v. Muller March 2, 2012 Criminal defendant challenging denial of motion for mistrial.
US v. Vanegas-Gomez February 22, 2012 Criminal appeal by defendant challenging procedural and substantive reasonableness of within guidelines sentence.
Impala v. Asture February 17, 2012

An appeal challenging the administrative law judge’s decision that the claimant did not have a “severe impairment,” thereby disqualifying him for supplemental security income payments.

Tellado v. US February 14, 2012 Appeal from denial of 2255 petition challenging district court’s conclusion that petition was untimely and barred by collateral attack waiver.
US v. Gonzalez February 6, 2012

Criminal defendant challenging admission of a job application as hearsay and constitutionality of “three strikes” penalty provision.

US v. Pressley January 31, 2012 Reply brief by government challenging district court’s suppression of evidence recovered after dog sniff of car.
US v. Zaleski January 30, 2012

Criminal appeal by defendant challenging denial of his suppression motion and reasonableness of his sentence, as well as the district court’s rejection of his attempt to provide evidence in support of his Second Amendment defense and the district court’s ruling on the disposition of seized but uncharged firearms.

US v. Gallagher January 26, 2012

Criminal appeal by defendant challenging reasonableness of his sentence.

US v. Spadoni January 9, 2012 Criminal appeal claiming that the government committed a harmful breach of a proffer agreement in proceedings before the appellate court.

2011 Second Circuit Briefs

Case Name
Date Filed
Description
Harrington v. US December 14, 2011 Brief addressing habeas petitioner's challenge to his armed career criminal sentence based primarily on the claim that a CT conviction for unlawful restraint does not count as a crime of violence under 924e. 
US v. MacDaniel December 8, 2011

Defendant’s appeal in a criminal case challenging the procedural and substantive reasonableness of his supervised release term.

US v. Carter, Jr. November 9, 2011 Supplemental brief responding to multiple claims of pro se defendant.
US v. Cox October 25, 2011 Criminal appeal involving a defendant’s challenge to the procedural and substantive reasonableness of his 360 month sentence, as well as his claim that the Fair Sentencing Act should be applied retroactively to his case. 
US v. Massey October 4, 2011 Consolidated criminal appeal addressing one defendant’s challenge to the district court’s ruling that his post-arrest confession should not be suppressed because the defendant did not invoke his right to counsel before talking with the police, and another defendant’s challenge to the procedural reasonableness of his sentence.
US v. Torres September 22, 2011

Defendant’s challenge to the procedural and substantive reasonableness of the district court’s decision not to resentence him on a Crosby remand.

US v. Malave September 21, 2011

Criminal appeal by defendant claiming that district court failed to comply with procedures in section 851 and failed to resolve disputed issues at sentencing.

US v. Pressley September 6, 2011

Government appeal challenging district court’s suppression of evidence discovered as a result of dog sniff of car while the defendant was lawfully detained.

US v. Scott September 6, 2011 Defendant’s challenge in a criminal appeal to the procedural and substantive reasonableness of his sentence for a supervised release violation.
US v. Dececco September 2, 2011

Criminal defendant claiming that he should have received credit for acceptance of responsibility and that his 96-month sentence was too long.

US v. Stinson August 30, 2011 Consolidated criminal appeal involving two defendants’ challenges to the court’s evidentiary rulings at trial, the sufficiency of evidence in response to an entrapment claim, the substantive reasonableness of a 200 month sentence and the sentencing court’s decision that one of the defendant’s was an armed career criminal
US v. Fisher August 23, 2011 Defendant’s direct criminal appeal challenging the effectiveness of his trial counsel.
Wilks v. Farquharson August 19, 2011

Jamaican national appealing decision that he was not a United States citizen.

US v. Swint August 8, 2011 Reply brief addressing propriety of district court’s sentence reduction under 18 U.S.C. sec. 3582c where defendant was sentenced as a career offender and sentence reduction was not based on the crack cocaine guidelines.
Villeneuve vs. State of Connecticut July 28, 2011 Civil appeal challenging the constitutionality of two rules of professional conduct.
Roma v. Social Security July 14, 2011

Social security claimant challenging denial of benefits

US v. Rivera July 11, 2011

Criminal appeal by 2 defendants alleging that their sentences were procedurally and substantively unreasonable.

US v. Joseph July 8, 2011

Criminal appeal by defendant claiming government breached the plea agreement and erred in guidelines calculation.

US v. Glover July 5, 2011

Criminal appeal by defendant arguing that district court abused its discretion in denying his motion to withdraw his guilty plea.

US v. Buchanan June 24, 2011

Appeal by defendant challenging district court’s decision not to re-sentence him after a remand under US v. Regalado.

Rivera v. US June 14, 2011

This is a petitioner’s appeal challenging district court’s decision to dismiss the habeas petition as untimely and to reject the equitable tolling argument without an evidentiary hearing.

US v. Carter, Jr June 7, 2011

Criminal defendant challenging denial of severance motion and allegedly improper comments in closing arguments.

US v. Turner May 31, 2011 Criminal appeal by defendant convicted after trial challenging the sufficiency of evidence supporting drug conspiracy conviction, court’s evidentiary ruling during trial, and claiming that the Fair Sentencing Act of 2010 should be retroactive.
US v. Diamreyan May 17, 2011

Criminal appeal by defendant claiming evidence insufficient to convict him on charges he participated in an “advance-fee” scam, and that district court’s factual findings were insufficient to support the guidelines calculation.

US v. Moody May 11, 2011

This is a criminal appeal by a defendant challenging his absence at a sidebar held at sentencing and challenging the procedural reasonableness of his sentence.

US v. Moore May 11, 2011

Criminal appeal claiming that post-arrest statements should be suppressed under Fifth and Sixth Amendments

US v. Swint April 21, 2011 Government appeal challenging the district courts’ granting of a 3582 motion for a career offender who was not sentenced based on the crack cocaine guidelines.
US v. Roy April 11, 2011

Criminal appeal by defendant claiming denial of Confrontation Clause rights, prosecutorial misconduct, and abuse of discretion in denial of motion for new trial.

US v. Leslie March 28, 2011

Criminal defendant claiming he withdrew from a conspiracy and so should not be held responsible for all of the conspiracy’s losses.

US v. Jaber March 23, 2011

Criminal appeal by a defendant claiming that district court made two evidentiary errors at trial and erred by denying a motion for a bill of particulars.

Mehdi v. US March 17, 2011

A civil appeal by a defendant against whom summary judgment was granted as to his claim that a three year delay in the processing of his naturalization application could serve as the basis for a claim of negligent infliction of emotional distress against the government.

US v. Page March 4, 2011 Criminal appeal by a defendant challenging court’s refusal to sever felon in possession count from narcotics counts.
US v. Bell January 18, 2011 Criminal defendant alleging prosecutor made improper comments in rebuttal summation.
US v. Nelson January 14, 2011 Criminal appeal by a defendant challenging enforceability of appeal waiver and substantive reasonableness of his sentence.
US v. Millett January 7, 2011 Appeal by career offender defendant challenging denial of his sentence reduction under the 2007 amendments to the crack guidelines.


2010 Second Circuit Briefs

US v. Ojeda December 22, 2010 Criminal appeal by defendant challenging denial of motion for bill of particulars and admission of evidence.
US v. Guzman December 17, 2010 Criminal appeal by defendant challenging 4-level guidelines enhancement for role in the offense and substantive reasonableness of his sentence.
US v. Danzi December 16, 2010 Criminal appeal by defendant challenging district court’s factual finding that he was responsible for 100 kilograms of marijuana.
US v. Gjini December 1, 2010 Criminal appeal by defendants challenging voluntariness of plea and district court’s refusal to order sentence to run concurrently to state sentence, among other issues.
US v. Judge November 24, 2010 Criminal appeal by defendant challenging imposition of fine.
US v. Perry November 23, 2010 Criminal appeal by defendant challenging Rule 11 colloquy and alleged procedural errors at sentencing.
US v. Acoff November 18, 2010 Reply brief responding to defendant’s argument that the Fair Sentencing Act should apply retroactively.
Mathirampuzha v. Postmaster General November 10, 2010

Employment discrimination case where employee challenged district court’s grant of summary judgment for employer based on plaintiff’s failure to overcome employer’s legitimate non-discriminatory reason for termination.

US v. Shoreline Motors October 28, 2010 Criminal appeal by three defendants challenging prosecutor’s remark during rebuttal, exclusion of extrinsic evidence, conscious avoidance instruction, sufficiency of the evidence, and sentencing disparity between co-defendants.
US v. Brown October 21, 2010 Criminal appeal by defendant challenging classification as career offender.
US v. Armstead October 2, 2010

Sentencing appeal arguing that parsimony clause of 3553(a) overrides mandatory nature of minimum drug sentences.

US v. Goins September 27, 2010

Criminal appeal by defendant challenging procedural and substantive reasonableness of sentence imposed on Regalado remand.

Lanham v. Secretary, Veteran's Affairs September 20, 2010

Employment discrimination case where employee challenged district court’s grant of summary judgment for employer based on timeliness of employee’s administrative complaint.

US v. Arias September 16, 2010

Criminal appeal challenging admission of co-conspirator’s statement and witness’s invocation of Fifth Amendment privilege.

US v. Reed August 31, 2010 Appeal by criminal defendant challenging denial of his motion for sentence reduction.
US v. Escalera August 26, 2010 Criminal defendant challenging his classification as Armed Career Criminal.
US v. Jones August 13, 2010 Appeal by defendant challenging district court’s refusal to resentence him on Crosby remand.
US v. McPherson August 12, 2010 Appeal by defendant challenging district court’s denial of his motion for sentence reduction under the revised crack cocaine sentencing guidelines.
US v. Stone August 11, 2010 Criminal appeal by defendant challenging the search of his home conducted with the consent of his wife.
US v. Robinson August 4, 2010 Appeal by defendant claiming the district court lacked authority to summarily punish him for contempt .
US v. Flores-Ceron August 4, 2010 Criminal appeal by defendant challenging the conscious avoidance instruction given at trial.
US v. Lasaga July 29, 2010 Criminal appeal by defendant challenging district court’s refusal to re-sentence him on Crosby remand.
US v. Roman July 12, 2010 Criminal appeal by defendant challenging denial of his motion for a reduction of his sentence under the new crack guidelines and alleging he received ineffective assistance of counsel.
US v. Jimenez June 28, 2010 Appeal by criminal defendant claiming that mandatory minimum sentences are inconsistent with 18 USC 3553(a).
US v. Acoff June 23, 2010 Government appeal to challenge district court’s sentence below a statutory mandatory minimum sentence.
US v. Bouknight June 22, 2010

Criminal appeal by defendant arguing that a “conditional discharge” did not qualify as a “criminal justice sentence” under the Sentencing Guidelines.

US v. Rawls June 18, 2010

Criminal defendants challenging sufficiency of the evidence, evidentiary ruling, and sentencing proceedings.

US v. DeJesus June 10, 2010 Criminal appeal by defendant challenging substantive reasonableness of sentence.
US v. Perez-Dominguez June 9, 2010

Criminal appeal by two defendants raising various challenges to their sentences.

US v. Thomas June 1, 2010

Brief by criminal defendant challenging district court’s refusal to re-consider sentencing issues as part of a crack guidelines reduction.

US v. Lynch May 27, 2010

Sentencing appeal by criminal defendant, challenging inclusion of breach of peace conviction in his criminal history calculation.

US v. Napper May 24, 2010

Sentencing appeal by defendant convicted of drug dealing, claiming that his sentence – which was 74 months below the advisory guidelines range – was substantively unreasonable.

US v. Glover May 19, 2010

Criminal appeal by defendant challenging sufficiency of the evidence for his drug conspiracy conviction and district court’s refusal to give a “missing witness” instruction.

US v. Ferguson May 15, 2010

Appeal by criminal defendants convicted of securities fraud

US v. Martinez May 7, 2010

Appeal by criminal defendant convicted of sex trafficking offenses.

US v. Rojas April 22, 2010 Criminal appeal by defendant challenging sufficiency of the evidence for his drug conspiracy conviction and district court’s re-polling of the jury.
US v. Aine April 9, 2010 Criminal appeal by defendant challenging the voluntariness of his plea and comments made by the district court at sentencing.
US v. Mock April 9, 2010 Criminal appeal by defendant challenging denial of his motion for a sentence reduction under the crack cocaine guidelines.
US v. Slutzkin April 7, 2010

Criminal appeal by defendant, challenging calculation of his criminal history and imposition of a consecutive sentence.

US v. Camargo April 7, 2010 Criminal appeal by defendant who pled guilty to counterfeiting offense, challenging $10,000 fine.
Lowenstein Int’l Human Rights Project v. Dept. Of Homeland Security March 26, 2010

Appeal by plaintiffs raising claims under Freedom of Information Act regarding Department of Homeland Security policies.

Jeunes v. Postmaster General March 19, 2010 Appeal by postal worker fired after profanity-laced confrontation with co-worker, claiming racial discrimination.
US v. Baadhio March 12, 2010

Appeal by criminal defendant, challenging imposition of consecutive sentence

US v. Abu-Jihaad February 10, 2010

Criminal appeal by defendant convicted of leaking classified Navy information to Azzam Publications, a London-based organization that supported violent jihad against the West through websites and publications.

US v. Vallombroso February 5, 2010

Criminal appeal by defendant convicted of drug conspiracy, challenging lay opinion testimony about effect of methadone use on heroin user; sufficiency of evidence; and reasonableness of sentence.

US v. Castillo February 4, 2010 Criminal defendant challenging denial of a sentence reduction under the new crack guidelines.
US v. DeJesus January 14, 2010

Appeal by criminal defendant convicted of drug conspiracy, challenging admission of evidence that he packaged heroin with a co-conspirator.

US v. Blount January 7, 2010 Sentencing appeal by criminal defendant, challenging district court’s denial of credit for acceptance of responsibility after defendant sold heroin three times to undercover officer while awaiting sentencing.



2009 Second Circuit Briefs

US v. Vera November 9, 2009 Criminal appeal by defendants challenging dismissal of juror, district court’s refusal to hold hearing on juror’s note, and district court’s admission of testimony by FBI agent.
US v. Flaquer October 30, 2009 Criminal appeal by defendant claiming government breached plea agreement by arguing for role enhancement.
US v. Shan October 22, 2009

Appeal by criminal defendant, challenging sufficiency of evidence supporting his convictions for being an illegal gun dealer and being an unlawful drug user in possession of guns, and raising unpreserved challenge to hearsay evidence.

US v. Huckabee October 14, 2009 Government appeal in criminal case, challenging failure to impose mandatory consecutive five-year sentence for using or carrying firearm in connection with drug trafficking crime.
US v. Herndon October 6, 2009

Appeal by criminal defendant, challenging conviction for knowing possession of child pornography.

US v. Bloom September 29, 2009 Criminal appeal by defendant convicted of interstate murder-for-hire scheme, challenging indictment as multiplicitous; claiming that evidence of other bad acts was improperly admitted under Rule 404(b); and arguing that his sentencing guidelines were improperly calculated.
US v. Kyles September 25, 2009 Supplemental brief addressing inherent authority of court to amend restitution payment schedule.
US v. Luna September 11, 2009

Appeal of conviction and sentence by criminal defendants charged with participating in drug conspiracy.

Lavoie v. US September 4, 2009

Appeal by former Pratt & Whitney employee who was denied benefits for working in federal nuclear facilitiy in 1950s and 1960s, claiming that delay in processing his claim resulted in infliction of emotional distress.

Thompson v. Choinski (BOP) September 3, 2009

Appeal by prisoner of denial of habeas corpus petition, challenging his security classification, prison assignment, and other conditions of confinement.

US v. Johnson August 28, 2009 Appeal by criminal defendant claiming that his prior conviction for rioting in a correctional institution is not a “violent felony” for purposes of the Armed Career Criminal Act.
US v. Bell August 25, 2009

Government’s reply brief, challenging district court’s grant of new trial for defendant convicted of assaulting federal officer.

US v. Driffin August 4, 2009

Two defendants challenging the denial of their motions for sentence reductions under section 3582(c)(2) and the new crack cocaine guidelines.

US v. Ray July 27, 2009

Appeal by criminal defendant challenging introduction of 404(b) evidence at trial.

US v. Rivera July 24, 2009 Criminal defendant challenging legality of Terry stop.
US v. Gregory July 17, 2009

Appeal by criminal defendant, claiming that district court should not have denied his motion for a sentence reduction under 18 U.S.C. 3582(c)(2) without holding a hearing.

Pappas v. US May 27, 2009

Appeal by two defendants raising numerous issues to challenge district court’s decision denying their post-conviction petitions for relief.

US v. Lorenzo May 27, 2009

Criminal defendant challenging district court’s denial of his motion for a reduced sentence based on the new crack guidelines.

Schaghticode Tribal Nation v. Dirk Kempthorne May 6, 2009 Civil appeal involving challenge by Schaghticoke Tribal Nation to decision by Department of Interior denying acknowledgment as Indian Tribe.
US v. Smith April 29, 2009

Criminal appeal challenging extent of sentence reduction based on the new crack guidelines.

US v. Acevedo-Garcia April 3, 2009

Appeal by criminal defendant, challenging district court’s denial of credit for acceptance of responsibility at sentencing, where defendant had used a false name and concealed a portion of his criminal history.

US v. Bell March 24, 2009

Government appeal from grant of new trial, after jury convicted defendant of assaulting officer who was executing a search warrant.

US v. Julius March 11, 2009

Government reply brief, challenging suppression of firearm found in the possession of an absconded parolee, in the bedroom of his girlfriend’s apartment.

US v. Guzman March 6, 2009

Appeal by criminal defendant, claiming that witnesses who asserted their Fifth Amendment privilege against self-incrimination should have been required to do so before the jury, and that court should have immunized witness.

US v. Foxworth February 3, 2009

Criminal appeal by defendant convicted of corruption charges involving former State Senator Ernest Newton.

Morales v. U.S. January 28, 2009 Habeas appeal by defendant claiming ineffective assistance of counsel.



2008 Second Circuit Briefs


US v. Shortridge December 23, 2008

Criminal appeal by defendant, claiming that he was entitled to reduction of sentence pursuant to 18 USC 3582 because, at his original sentencing, the court had departed down from the career offender guidelines to an offense level that would have been applicable based on the quantity of crack cocaine involved in his offense under USSG 2D1.1 

US v. Julius December 8, 2008

Government appeal of order suppressing gun, seized from mattress on which fugitive was found lying.

US v. Giordano November 20, 2008

Criminal appeal by former Mayor of Waterbury, challenging 37-year sentence imposed for civil rights violations.

US v. Scott November 14, 2008 Appeal by criminal defendant, claiming that restitution award should have been set at value of stolen mutual funds at time of theft, not at time of sentencing.
US v. Santana November 12, 2008

Appeal by criminal defendant, claiming that lawyer was ineffective for failing to move for severance pretrial, and that his alleged withdrawal from conspiracy was an affirmative defense to that charge.

Jordan v. US Treasury November 5, 2008

Appeal by former IRS employee claiming that his supervisors inflicted emotional distress.

US v. Segura October 27, 2008

Appeal by defendant claiming that the sentencing commission’s limits on sentence reductions under section 3582(c)(2) are advisory.

US v. Tann October 24, 2008

Consolidate appeals by two defendants sentenced below guidelines ranges.

Haywood v. US October 21, 2008

Habeas appeal by criminal defendant, claiming that lawyer was ineffective for failing to raise arguments at suppression hearing.

US v. Capehart October 14, 2008

Sentencing appeal by defendant challenging constitutionality of mandatory minimum sentences for crack-cocaine offenses.

US v. James October 6, 2008

Appeal by criminal defendant after district court refused to resentence on Crosby remand.

US v. McGee September 24, 2008

Appeal by defendant challenging denial of his motion for reduction of sentence under the new crack guidelines.

Amin v. Mukasey September 15, 2008

Immigration appeal by alien seeking diversity visa, where case has become moot.

US v. Baxter September 10, 2008

Appeal by criminal defendant convicted of drug trafficking, challenging jury instructions and sufficiency of the evidence.

US v. Ionia Management Systems August 15, 2008

Criminal appeal by corporation convicted of various environmental crimes, falsification of records, and obstruction of justice, raising various challenges to its convictions and sentence.

US v. McCoy July 24, 2008 Appeal by criminal defendant challenging search warrant and sufficiency of evidence for firearms charge.
US v. Lopez July 23, 2008 Appeal by criminal defendant alleging that search and seizure was unreasonable under Georgia v. Randolph.
US v. Harding July 22, 2008

Appeal by criminal defendant claiming court erred in failing to comply with section 851 procedures and in failing to grant downward departure.

US v. Dingle July 14, 2008

Appeal by criminal defendant raising numerous issues, including evidentiary issues, statements during summation, and conclusion that he was an armed career criminal.

US v. Samas June 24, 2008 Sentencing appeal challenging constitutionality of mandatory minimum drug sentences.
US v. Jones June 13, 2008

Multi-defendant criminal appeal raising multiple issues (including sufficiency of the evidence) arising out of a 7-week RICO and drug conspiracy trial.

US v. Harris May 13, 2008

Criminal appeal by defendant convicted of illegal gun possession, claiming that admission of a recorded prison call violated the Confrontation Clause of the Sixth Amendment

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US v. Hawkins April 30, 2008

Government’s reply brief, in appeal challenging court’s grant of acquittal to defendant charged in drug conspiracy.

US v. Perone April 30, 2008

Sentencing appeal by defendant convicted of mailing threats, where district court imposed maximum 10 years in prison.

US v. Hunter April 17, 2008 Appeal by criminal defendant, challenging factual basis for guilty plea in drug case.
US v. Jones April 11, 2008

Appeal by three criminal defendants involved in Bridgeport drug organization, challenging sentences imposed after remands.

US v. Steele March 17, 2008 Challenge by the defendant to his conviction and sentence, claiming trial counsel was ineffective, court erred in allowing use of rehabilitation evidence, and that his sentence was unreasonable.
Kreidler v. Astrue March 14, 2008 Appeal by social security disability benefits claimant challenging social security administration’s denial of her motion to reopen a prior benefits application.
Ericksson v. Astrue February 29, 2008

Appeal by plaintiff challenging denial of attorneys’ fees under the Equal Access to Justice Act.

US v. Giordano February 6, 2008 Sentencing appeal by criminal defendant challenging reasonableness of sentence after Crosby remand.
US v. Kuperman January 30, 2008 Sentencing appeal by criminal defendant challenging reasonableness of sentence.
US v. Sims January 25, 2008

Appeal by criminal defendant challenging his sentence to statutory mandatory minimum term.

US v. Ciappetta January 7, 2008 Criminal appeal by defendant challenging reasonableness of sentence in light of sentences given to co-conspirators.
US v. Kyles January 4, 2008 Appeal by criminal defendant challenging modification of restitution order 13 years after entry of judgment.

 

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