Opinion Summaries: Second Circuit U.S. Court of Appeals April 23, 2008
From: Findlaw Opinion Summaries , April 23, 2008.
BANKING LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, SECURITIES LAW, WHITE COLLAR CRIME
US v. Rittweger, No. 05-3600, 05-3766, 05-3769
"Conviction of multiple defendants for conspiracy to commit securities fraud, wire fraud, and commercial bribery, using facilities of interstate commerce to carry on and facilitate commercial bribery, wire fraud, and securities fraud is affirmed over claims that: 1) the district court erred by denying defendants' motion to sever under Fed. Crim. Pro. Rule 8(b) and Rule 14; and 2) the government violated Brady, when it failed to produce arguably exculpatory evidence with respect to a charged co-conspirator until the week of trial."
CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW
Matican v. City of New York , No. 06-1983
"In a case wherein a participant in a police sting was later assaulted by the target of the sting, summary judgment for defendants on claims under 42 U.S.C. section 1983 and state common law is affirmed where: 1) no constitutional violation occurred; 2) there was no need to consider whether officers enjoyed the benefit of qualified immunity, or whether plaintiff had a claim against the city for a practice or custom of failing to protect confidential informants; and 3) as plaintiff had no valid federal claims, there was no abuse of discretion in declining to exercise jurisdiction over the state claims."
CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, LABOR & EMPLOYMENT LAW
Beyer v. County of Nassau, No. 06-4930
"An employee has established an "adverse employment action" necessary to make out a prima facie case when she has proffered evidence from which a reasonable trier of fact could conclude that a transfer sought and denied would have involved an objective and significant improvement in the terms, conditions, or privileges of her employment."
CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
Martinez v. INS, No. 03-41049, 05-3319
"Petition for review of an order denying cancellation of removal for failure to satisfy the seven-year continuous residence requirement of the now-repealed INA section 212(c) is denied where an application of the "criminal-offense stop-time rule" under 8 U.S.C. section 1229b(d)(1)(B) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 ('IIRIRA') to petitioner's pre-IIRIRA offense was not impermissibly retroactive."
CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
"Sentence for possessing a firearm in furtherance of a drug trafficking offense and being a felon in possession of a firearm is affirmed over defendant's claims that the district court erred in finding him a Career Offender under U.S.S.G. sections 4B1.1 and 4B1.2 because the youthful offender adjudication he received for a conviction of attempted second degree burglary in a state court 'set aside' his conviction".
