Opinion Summaries: Second Circuit U.S. Court of Appeals
From: Findlaw Summaries May 30, 2008:
ADMINISTRATIVE LAW, CIVIL PROCEDURE, IMMIGRATION LAW
Channer v. Dep't of Homeland Sec., No. 06-0120
"Petition for review of a removal order on grounds that principles of res judicata barred the Department of Homeland Security ("DHS") from relitigating his removal based on a claim which could have been raised in his previous removal proceeding is denied where petitioner's second suit did not involve the same claim or nucleus of operative fact as the first."
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Habbas, No. 05-6142, 06-0427
"Defendants' convictions for obstructing a federal grand jury investigation, conspiracy to make false statements to U.S. government officials, and making false statements to a government official are affirmed over claims regarding: 1) whether the government breached one defendant's plea agreement by supporting a higher Guidelines level than what it had estimated in the plea agreement; 2) ineffective assistance of counsel due to a failure to object to an upward four-level adjustment of a defendant's guidelines range; 3) whether one defendant's Sentencing Guidelines range was incorrectly calculated and his sentence was not reasonable."
