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| Otts v. Comm'r of Soc. Sec., No. 06-4529-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: While ALJ might have been more specific in detailing reasons for concluding that social security claimant's condition did not satisfy a listed impairment--herniated disc--the referenced medical evidence, together with the lack of compelling contradictory evidence from the claimant, permitted the appellate court to affirm the challenged judgment.
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| Peguero v. Exec. Office for Immigration Review, 05-6740-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Motion to reopen deportation proceedings for an alien from the Dominican Republic was properly denied because she failed to show exceptional circumstances justifying her failure to appear at a scheduled deportation hearing, as required under former 8 U.S.C.S. § 1252b(c) (repealed) since she was merely negligent in keeping track of this appointment.
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| Qin Chen v. United States DOJ, 07-0136-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Chinese alien was properly denied a motion to reopen removal proceedings because she did not submit any new evidence in support of her motion as required by 8 C.F.R. 1003.2(c)(1), and to the extent the motion was treated as a motion for reconsideration, she did not allege any specific error of law or fact, as required by 8 C.F.R. § 1003.2(b)(1).
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| Smith v. Keisler, 05-2815-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: An alien was ineligible for relief from removal under 8 U.S.C.S. § 1182(h) of the INA because the waiver did not apply to individuals who had been convicted of controlled substances offenses, other than a single offense of simple possession of marijuana, and international law prohibiting the separation of families did not trump § 1182(h).
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| United States v. Burton, 06-1643,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Defendant's Confrontation Clause challenge to the admission of jail records containing the addresses given to the jail by two inmates lacked merit as these records were not testimonial. The same was true of Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, which was a classic business record. Nor was Form 4473 inadmissible hearsay.
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| United States v. Hirsch, 05-6209-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: A sentence imposed on defendant, who pleaded guilty to wire fraud and tax evasion, was properly subjected to a two-level enhancement for abuse of a position of trust under U.S. Sentencing Guidelines Manual § 3B1.3 because defendant was entrusted with discretion over the victim's money, which provided him with the opportunity to commit the crime.
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| United States v. Jackson, Docket No. 05-5928-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Defendant, who pleaded guilty to possession with intent to distribute five grams or more of cocaine base, was properly sentenced to a 10 year mandatory minimum sentence under 21 U.S.C.S. § 841(b)(1)(B) because his state court youthful offender conviction was properly considered a prior felony drug offense for sentencing purposes.
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| United States v. Mora, 06-1141-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Defendant, who pleaded guilty to illegal reentry after deportation subsequent to a conviction for an aggravated felony, was properly sentenced to 62 months in prison because there was no record evidence suggesting that the district court failed to consider the appropriate statutory factors under 18 U.S.C.S. § 3553(a) in determining the sentence.
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| United States v. Pena, 06-1585-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Sentence imposed on a Crosby remand was upheld because defendant was not entitled to a minor participant reduction under U.S. Sentencing Guidelines Manual § 3B1.2(b) since a large quantity of drugs was involved, defendant was aware that he was being paid to aid in a drug transaction, and defendant performed the same function as a coconspirator.
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