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| United States v. Cheng Chui Ping, No. 06-1996-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Conviction under 18 U.S.C.S. § 1202 was affirmed. Holding smuggled aliens against will until passage was paid was uniform feature of alien smuggling--fact known to defendant given her own experience with practice--so reasonable juror could find defendant knew, even without asking, that funds transferred by relatives were functioning as ransom.
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| United States v. Murray, No. 06-2950-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Because Supreme Court's holding that fact of prior conviction for sentence-enhancement purposes may be found by court rather than a jury was still good law, district court affirmed defendant's sentenced as enhanced pursuant to ACCA and rejected defendant's claim that his prior convictions had to have been admitted or proved beyond reasonable doubt.
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| United States v. Porter, 06-1957-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Indictment and superseding indictment provided defendant with notice of charge against him and essential elements, approximate dates and general location of narcotics conspiracy, and type of narcotics involved, which was sufficient to satisfy Fed. R. Crim. P. 7(c). District court did not abuse discretion in denying defendant bill of particulars.
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| Zhi Yun Gao v. Mukasey, Docket No. 06-4746-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 19, 2007, Decided
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Overview: Where the BIA denied a motion to reopen its affirmance of an IJ's denial of a Chinese alien's applications for asylum and withholding of removal, the alien was entitled to a petition for review because the BIA abused its discretion in failing to consider the alien's evidence of changed country conditions, which had a material bearing on his claims.
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