Cases

216 B.R. 101 (1997) In re John P. ANGELI, Debtor. GOLDEN & MANDEL, Plaintiff, v. John P. ANGELI, Defendant. Bankruptcy No. 897-80945-478, Adversary No. 897-8293-478. United States Bankruptcy Court, E.D. New York. December 11, 1997. *102 *103 Mark Owen Mandel, Golden & Mandel, New Y

Lewis A. Kaplan, District Judge. This matter is before the Court on defendants' joint motion seeking "an Order granting Defendants' Motion to Compel the Government to Review Evidence in its Possession for Brady Material" [DI 81]. Background Prior Briefing The notice of motion misstated the nature of defendants' request. Defendants' initial memorandum of l

Lewis A. Kaplan, District Judge This matter is before the Court on the joint motion of defendants Code and Dawkins *554to suppress evidence obtained from searches of their cell phones [DI 75].1 Background Defendant Code was a consultant for "Company-1," a multi-national co

Lewis A. Kaplan, District Judge. This matter is before the Court on defendants' joint motion to dismiss the indictment. The Court denied the motion in open court on February 15, 2018, but stated that it would render an opinion in due course. This is that opinion. Facts The following facts are alleged in the indictment,1 the truth of which the Court is bound to

OPINION AND ORDER SMITH, Senior Judge This action is before the Court on defendant’s Motion to Dismiss, and on the parties’ Cross-Motions for Judgment on the Administrative Record. On March 28, 2016, plaintiff, Matthew Crumley, filed a complaint asserting that he was wrongfully separated from the United States Air Force (“USAF”) and seeks various forms of

MURPHY, Circuit Judge. Section 2G2.2 of the Sentencing Guidelines increases the recommended sentence in child-pornography cases if the offense involves a minor under the age of 12, the use of a computer, or other aggravating factors. This Guideline has repeatedly been subject to the criticism that its enhancements apply in most child-pornography cases and generate unduly harsh sentences

MEMORANDUM ** Dewayne Kevon Moore appeals from the district court’s judgment revoking supervised release. Because Moore has fully served his revocation sentence and is not subject to a term of supervised release, we dismiss this appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999).

John E. Jones III, United States District Judge Currently pending before the Court are four motions to dismiss filed by Defendant Ben Wootton and joined by Defendant Race Miner by Order dated October 16, 2018. (Doc. 92). Those motions are as follows: Defendant Ben Wootton's Motion to Dismiss Counts 1, 3-8, and 9 with Incorporated Brief, (Doc. 70), Defendant Ben Wootton's Motion to Dismiss Count 9 - Failure to Allege Commission of a

DECISION AND ORDER ELIZABETH A. WOLFORD, United States District Judge INTRODUCTION The above-captioned matter involves 12 remaining defendants named m a 46-count Second Superseding Indictment (Dkt. 33) returned on March 16, 2016, alleging various crimes, including a conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961 et seq. (“RICO”

*310 Pro Se; Statute of Limitations; Patent Infringement; Copyright; Substitution of Party After Death. OPINION HORN, J. FINDINGS OF FACT Pro se plaintiffs John S. Sacchetti and Mark J. Sacchetti filed a complaint in this court in the

DECISION AND ORDER ELIZABETH A. WOLFORD, United States District Judge Defendant Timothy Enix a/k/a Blaze (hereinafter “Defendant” or “Mr. Enix”) sought revocation of the magistrate judge’s detention order before this Court pursuant to 18 U.S.C. § 3145(b). (Dkt. 177). As part of the de novo hearing conducted in connection with Mr. Enix’s motion, Mr. Enix decided to testify on his own behalf, notwi

CIVIL MINUTES—GENERAL PROCEEDINGS (in chambers): ORDER Denying Document # 8 (Government’s Motion to Stay Section 2255 Proceeding Pending Decision in Bedeles); Permitting Savage to File a Reply in Support of Habeas Petition No Later Than Friday, November 4, 2016 PRESENT: HONORABLE VALERIE BAKER FAIRBANK, SENIOR U.S. DISTRICT JUDGE James Lewis Savage (“p

DECISION AND ORDER ELIZABETH A. WOLFORD, United . States District Judge BACKGROUND Defendant Timothy Enix a/k/a Blaze (hereinafter “Defendant” or “Mr. Enix”) seeks revocation of the magistrate judge’s detention order pursuant to 18 U.S.C. § 3145(b). (Dkt. 177). Defendant is one of 16 defendants named in a 46-count Second Superseding Indictment (Dkt. 33) returned on March 16, 2016, that all

DECISION AND ORDER ELIZABETH A. WOLFORD, United States District Judge The above-captioned matter involves 16 defendants named in a 46-count Second Superseding Indictment (Dkt. 33) (hereinafter “Indictment”) returned on March 16, 2016, alleging various crimes, including a RICO1 conspiracy in violation of 18 U.S.C. § 1962(d), firearm offenses in violation of 18 U.S.C. § 924(c),

GORSUCH, Circuit Judge. Iqbal Makkar and Gaurav Sehgal ran the “Gitter Done,” a small town convenience store in northeastern Oklahoma. When questions surfaced about the incense they carried on their shelves, the men spoke with state law enforcement officers, offered to have the officers test the incense to determine its legality, and offered as well to stop selling the product u

ORDER The court’s opinion filed April 20, 2016, appearing at 821 F.3d 1051 (9th Cir. 2016), is hereby amended. An amended opinion is filed herewith. With this amended opinion, the panel has voted to deny the petitions for panel rehearing. The full court has been advised of the petitions for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App.

OPINION RAKOFF, Senior District Judge: Defendant-Appellant Donnie Lee Walton challenges the district court’s imposition of a sentencing enhancement under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(1). ACCA imposes a mandatory minimum sentence of fifteen years of imprisonment on a person who both violate

OPINION FISHER, Circuit Judge: The Centers for Medicare & Medicaid Services (CMS), administrator of the federal Medicare program, pays Medicare Advantage organizations fixed monthly amounts for each enrollee. CMS calculates the payment for each enrollee based on various “risk adjustment data,” such as an enrollee’s demographic profile and the en-r

OPINION BYBEE, Circuit Judge: We are asked whether the victim of a crime may appeal a restitution order handed down as part of a criminal defendant’s sentence. We answered “no” when we were asked about victims’ rights for restitution ordered under the Victim and Witness Protection Act of 1982. United States v. Mindel, 80 F.3d 394,

ALICE M. BATCHELDER, Circuit Judge. OPINION This case is about an illegal alien with a final deportation order who was criminally prosecuted and pleaded guilty to illegally reentering the country. The district court released him on bail prior to sentencing. Finding a statutory conflict, the district court issued an order preventing the United St