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| United States v. Edouard, 05-2470-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 16, 2006, Decided
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Overview: Defendant's sentence was vacated and the case was remanded for resentencing. District court erred in applying the mandatory minimum sentence found in 21 U.S.C.S. § 841(b)(1)(B)(ii)(II), absent a finding that the quantity of cocaine seized was at least reasonably foreseeable to defendant.
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| United States v. Knauss, 05-4137,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 16, 2006, Decided
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Overview: Judgment convicting defendant of possession of child pornography was affirmed where a supervision of release violation proceeding was not a criminal prosecution, and there was no competent evidence that suggested that defendant's waiver of his statutory right to counsel and a hearing was involuntary or unknowing, under 18 U.S.C.S. § 3006A(a)(1)(E).
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| Vt. Country Foods, Inc. v. So-Pak-Co, Inc., 05-3429,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 16, 2006, Decided
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Overview: Court of appeals found that district court correctly dismissed corporation's claim alleging that businesses it sued committed misrepresentation because Vermont courts maintained a line between contract and tort theories of recovery and corporation did not show that businesses had duty of care, separate from parties' agreements, which they breached.
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| Xing Lin v. Gonzales, 03-40491-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 16, 2006, Decided
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Overview: Denial of application for asylum and withholding of removal was vacated and remanded where IJ failed to make an explicit credibility finding as to alien's testimony in support of claim, and IJ further erred in not considering death of alien's father following family's detention in determining whether alien's treatment amounted to past persecution.
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