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| United States v. Brutus, Docket No. 06-2710-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: Defendant's conviction of drug charges in violation of 21 U.S.C.S. §§ 952, 841(a) was affirmed. Although a jury instruction about defendant's testimony impermissibly undermined the presumption of innocence, the error was harmless when the exhaustive details of defendant's confession belied her assertion that she invented the confession.
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| United States v. Ethridge, No. 06-0940-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: District court properly sentenced defendant to 68 months' imprisonment for violation of 18 U.S.C.S. §§ 922(g)(1), 924(a)(2) where weight to be accorded to 18 U.S.C.S. § 3553(a) factors was a matter committed to the discretion of the sentencing judge and where, under totality of circumstances, sentence did not exceed the bounds of reasonableness.
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| United States v. Goiry, No. 06-0090-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: Defendant's sentence was affirmed; denial of defendant's request for a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2 was not erroneous. Factual findings made by district court were sufficient to establish that defendant was not substantially less culpable than the average participant in a conspiracy to distribute cocaine.
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| Xian Zhong Jiang v. Keisler, 07-0086-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 2, 2007, Decided
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Overview: The petition for review was granted and the Government's motion to remand to the BIA so that it could address the IJ's adverse credibility determination was granted. IJ did not find the alien credible and BIA, instead, assumed alien's credibility but determined that he had shown neither past persecution nor well-founded fear of future persecution.
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