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| Canovic v. Mukasey, No. 05-3718-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Substantial evidence supported determination that alien failed to establish past persecution or a well-founded fear of future persecution to support application for asylum. His testimony did not establish he experienced mistreatment that amounted to persecution or that mistreatment was connected with his Muslim religion or Albanian ethnicity.
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| Colling v. Barnhart, No. 06-2513-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Substantial evidence in the record supported a denial of social security disability benefits, particularly since an administrative law judge rejected the opinion of the claimant's treating physician, in favor of conflicting opinions provided by other physicians, only after evaluating all of the medical evidence in the record.
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| Diaz v. MTA N.Y. City Transit Auth., No. 06-4862-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: In a suit against a city transit authority, the record on appeal properly excluded statements made by the district court in denying a motion for judgment as a matter of law and preparing appellant for the possibility of an unfavorable jury verdict because the statements could not have prejudiced the jury since they were made outside its presence.
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| Franco v. Johnson, No. 06-5251-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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| Hughes v. La Salle Bank Nat'l Ass'n, No. 06-3778-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: In view of the conflicting positions regarding the domicile of an individual in a class action suit and thus, whether diversity jurisdiction existed, and a court's poor position to evaluate defendants' arguments about the applicability of the Class Action Fairness Act of 2005, the court remanded the case to a district court for evidentiary hearing.
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| McDay v. Travis, No. 05-4269-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: In a suit alleging wrongful imprisonment by a city due to a two day detention after expiration of a state sentence, the parties were directed to provide briefing as to whether the warrant used as a basis for the detention provided sufficient authority for the detention or whether the detention constituted a violation of due process.
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| United States v. Boyle, No. 05-4239-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: As defendant's request for a reduction in sentence for the time he served on the state burglary offenses was rejected expressly based on a provision of the USSG that took effect after his offenses, the district court's retrospective application of the revised Guidelines worked to the disadvantage of defendant, violating the Ex Post Facto Clause.
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| United States v. Brandy, No. 06-2843-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Defendant's sentence for violation of 21 U.S.C.S. § 846 was substantively reasonable. At both the original sentencing and on defendant's request for resentencing, the district court fully considered defendant's personal circumstances and the purposes of the sentence and determined that the U.S. Sentencing Guidelines Manual sentence was appropriate.
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| United States v. Carlo, Docket No. 06-2420-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: The evidence was sufficient to convict defendant of wire fraud, in violation of 18 U.S.C.S. § 1343, because defendant misrepresented to real estate developers that loans for their projects would be forthcoming, causing the developers to make decisions based on misleading information, which harmed the developers' property interests.
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