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| Bonilla v. United States, No. 05-4235-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: District court properly denied defendant's motion to correct a clerical error in his judgment of conviction pursuant to Fed. R. Crim. P. 36, as there was no clerical error in a written judgment of conviction. Instead, the procedure followed by the district court to correct its mathematical error was appropriate under Fed. R. Crim. P. 35(a).
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| Charles v. United States Immigration & Customs Enforcement, No. 06-0947-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: BIA did not err in denying the alien's citizenship claim. To be eligible for derivative citizenship under 8 U.S.C.S. § 1432(a)(2) (repealed) which was in effect when the alien turned 18, the alien was to show both that his father was naturalized and that his mother died prior to his eighteenth birthday and alien failed to show when his mother died.
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| Khoriakov v. Keisler, No. 05-4450-ag, No. 05-6462-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: An alien from Kazakhstan was denied petitions for review of a decision of the BIA dismissing an appeal of his motion to reopen deportation proceedings and a decision denying a motion to reconsider particularly because the alien did not diligently pursue his immigration case after his attorney erroneously told him that a hearing had been postponed.
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| United States v. Agudelo, No. 06-2970-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: Court affirmed defendant's conviction for violation of 21 U.S.C.S. § 846 where there was sufficient evidence for jury to find that defendant did not establish the defense of entrapment. Even if defendant proved that there was government inducement of crime, government proved defendant's predisposition to distribute heroin beyond reasonable doubt.
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| United States v. Balint, No. 06-1929-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: On remand a district court applied the correct standard in deciding to impose upward departure on defendant's sentence, as defendant's argument to contrary was foreclosed by law-of-case doctrine. Prior to remand, U.S. Court of Appeals had already held that district court's factual findings on issue were neither clearly erroneous nor unreasonable.
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| United States v. Bartsch, No. 06-3035-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: The judgment of the district court was affirmed. Defendant's argument that the district court erred was squarely foreclosed by the instant court's previous decision that fast-track programs did not create "unwarranted" sentencing disparities within the meaning of 18 U.S.C.S. § 3553(a)(6).
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| United States v. Bliss, No. 06-3039-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: District court's resentencing of defendant, which declined to apply a 3-point reduction for acceptance of responsibility which was included at initial sentencing, was proper where the district court reasonably followed appellate court's direction that on remand defendant's flight may be punished by withholding acceptance of responsibility credit.
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| United States v. Kang Yeon Lee, No. 06-3642-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: District court properly considered facts outside charge and plea agreement in deciding to upwardly depart from Guidelines in sentencing defendant, as district court was permitted to consider relevant conduct under preponderance of evidence standard to determine defendant's sentence within Guidelines range or whether to depart from the Guidelines.
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| United States v. Melvin, No. 06-0465-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: Court affirmed defendant's sentence for distribution and possession of crack cocaine where a district court did not misapprehend the scope of its authority to depart from the Sentencing Guidelines or otherwise render an illegal sentence; thus, the district court faithfully discharged its Booker obligations and imposed a reasonable sentence.
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