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| United States v. Lytch, No. 05-6649-cr, No. 05-6656-cr(con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 29, 2007, Decided
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Overview: Defendant's ineffective assistance of counsel claim failed because defendant failed to establish that he was prejudiced by trial counsel's actions. It was unnecessary to resolve whether codefendant's 204-month sentence on count was reasonable because codefendant was sentenced to a concurrent 204-month sentence on count three.
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| United States v. Palma, No. 05-4845-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 29, 2007, Decided
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Overview: Defendant who admitted to delivering ten kilograms of cocaine to coconspirator was not entitled to a minor-role reduction under U.S. Sentencing Guidelines Manual § 3B1.2(b) because defendant was equally as culpable as the average participant in average narcotics crime and defendant played an integral role in the success of the narcotics conspiracy.
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| United States v. Rodriguez, No. 06-1681-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 29, 2007, Decided
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Overview: Where defendant pled guilty to filing a false tax return in violation of 18 U.S.C.S. § 287, restitution award that was not reduced by amount that defendant returned to his clients was vacated and remanded because there was no indication in the record whether clients filed tax returns for years at issue or if refunds were issued for those returns.
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| United States v. Wellington, No. 06-1549-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 29, 2007, Decided
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Overview: A defendant's sentence for illegal reentry, under 8 U.S.C.S. § 1326(a), (b)(2), on Crosby remand was not substantively unreasonable; the defendant was sentenced to the low end of an applicable USSG range of 63 to 78 months, and the narrow purpose of the remand was to determine whether he should be re-sentenced in light of Booker.
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| Westport Ins. Corp. v. Goldberger & Dubin, P.C., Nos: 06-1427-cv (L), 06-4636-cv (con).,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 29, 2007, Decided
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Overview: Even if client told insureds that she did not want to file legal malpractice action, insurer was not obliged to cover malpractice lawsuit because low probability of suit triggered policy exclusion and no reasonable juror could have found that any insured could not reasonably have foreseen that client would change her mind and file malpractice suit.
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