Cases

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the District Court be and they hereby are AFFIRMED. In 2001, David Aphonse-Rios and Henry Nelson Santos-Prado were charged, along with twelve co-conspirators, with participation in a conspiracy to distribute 5 or more kilograms of cocaine and 50 or more grams of cocaine base. AphonseRios pleaded guilty to one count

ORLANDO L. GARCIA, Chief United States District Judge On this day, the Court considered Defendant's Motion to Dismiss Indictment (docket no. 23) (the "Motion to Dismiss") and the Government's Motion to Reconsider the Court's Order Dismissing the Indictment (docket no. 31) (the "Motion to Reconsider"). After reviewing the motions and each party's original and supplemental briefing, the Court finds that the Government's Motion to Reco

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS William J. Martinez, United States District Judge Defendant Ulises Argueta-Mejia is charged in a one-count Indictment with unlawful re-entry in violation of 8 U.S.C. § 1326(a), and is subject to an enhanced penalty pursuant to § 1326(b)(2) because his prior deportation was subsequent to a conviction for an aggravated felony offense. (ECF No. 1.) On December 19

RIPPLE, Circuit Judge. After discovering that Vincent Fallon had purchased a one-way train ticket in cash a short time before his trip, Amtrak police officer Eric Romano concluded that Mr. Fallon fit the profile of a typical drug courier. Shortly before Mr. Fallon’s train was scheduled to depart, Officer Romano and Officer Sterling Terry approached Mr. Fallon in his compartment, where they asked him several questions. After

PRYOR, Circuit Judge: Five agents of the Cuban Directorate of Intelligence who were members of La Red Avispa (in English, “The Wasp Network”) challenge their convictions and sentences for their espionage against the military of the United States and Cuban exiles in southern Florida. A special mission of the Cuban network, Operación Escorpión, led to the murder of four men when Cuban military jets shot down two private

472 F.Supp.2d 321 (2007) UNITED STATES of America, Plaintiff, v. Francisco Jose CASTRO, Defendant. No. 1:06-cr-00376-ENV-MDG-ALL. United States District Court, E.D. New York. January 17, 2007. *322 *323 Jacqueline L. Spratt, United States Attorney's Office, E.D.N.Y., Brooklyn, NY, for the Unit

In the United States Court of Appeals For the Seventh Circuit No. 07-3101 U NITED S TATES OF A MERICA, Plaintiff-Appellant, v. N ICHOLAS P. M ARROCCO AND V INCENT J. F ALLON, Appellees, and F UNDS IN THE A MOUNT OF O NE H UNDRED T HOUSAND O NE H UNDRED AND T WENTY D OL

244 F.Supp.2d 126 (2003) UNITED STATES of America, v. Nicolo COTTONE, Defendant. No. 02 CR 463(ADS). United States District Court, E.D. New York. February 14, 2003. Roslynn R. Mauskopf, United States Attorney, Eastern District of New York by *127 Richard P. Donoghue, Assistant United States Attorney, Central Islip, NY, for U.S.</

243 F.Supp.2d 565 (2003) UNITED STATES of America, v. Jose R. CASTRO, Defendant. No. CR.A. 5:00CR30053. United States District Court, W.D. Virginia, Harrisonburg Division. February 6, 2003. *566 Anthony Franklin Anderson, Roanoke, VA, Cheryl V. Higgins, St. John, Bowling & Lawrence, Charlottesville, VA, John S. Hart, Jr., Har

MURPHY, Circuit Judge. I. INTRODUCTION Claro Rivera-Nevarez was charged in United States District Court for the District of Kansas with illegal reentry into the United States after removal, in violation of 8 U.S.C. § 1326(a) and (b)(1). Rivera-Nevarez moved to dismiss the indictment on the ground that subsequent Board of Immigration Appeals (“BIA”) and Tenth Circuit precedent rendered invalid the 1999

213 F.Supp.2d 229 (2002) UNITED STATES of America, v. Segundo De Jesus PEREZ Defendant No. 01-CR-1377 (JBW). United States District Court, E.D. New York. July 25, 2002. *230 Catherine Wen Hwa So, U.S. Attorney's Office, E.D.N.Y., Brooklyn, NY, for Plaintiff. Jan A. Rostal, The Legal Aid Society Federal Defender Division, B

165 F.Supp.2d 577 (2001) UNITED STATES of America, v. Coperquin GONZALEZ-ROQUE, a/k/a "Manuel Ledesma," Defendant. No. 01 CR. 419 RWS. United States District Court, S.D. New York. September 25, 2001. *578 Honorable Mary Jo White, United States Attorney for the Southern District of New York, New York, By Neil M. Barofsky, Assistan

STEPHEN H. ANDERSON, Circuit Judge. The United States appeals from an order of the district court dismissing the indictment against defendant/appellee Ricardo Aguirre-Tello, charging him with illegal re-entry into the United States after having been deported, in violation of 8 U.S.C. § 1326(a), (b)(2). The district court dismissed the charge after concluding that Aguirre-Tello’s underlying deportation proceeding had been f

145 F.Supp.2d 171 (2001) UNITED STATES of America, Plaintiff, v. Velda GONZALEZ DE MODESTI, Yasmin Mejias Lugo, Defendants. Nos. Crim 01-248(SEC), Crim 01-250(SEC). United States District Court, D. Puerto Rico. June 12, 2001. *172 Jorge E. Vega-Pacheco, U.S. Attorney's Office District of P.R., Criminal Division, Hato Rey, PR, for

PER CURIAM. Errol A. Foster petitions for review of a Board of Immigration Appeals (BIA) decision affirming an Immigration Judge’s (IJ) determination that Foster should be removed from this country as a consequence of a prior felony conviction. Foster contends that his state conviction for first degree manslaughter was improperly classified as an “aggravated felony” under the Immi

480 F.3d 104 Lin ZHONG, Petitioner,v.UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Gonzales,* Respondent. Docket No. 02-4882. United States Court of Appeals, Second Circuit. Argued: May 24, 2005. Decided: August 8, 2006. Amended: January 17, 2007.

461 F.3d 101 Lin ZHONG, Petitioner,v.UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Gonzales,* Respondent. No. 02-4882. United States Court of Appeals, Second Circuit. Argued: May 24, 2005. Decided: August 8, 2006. COPYRIGHT MATERIAL OMITTED COPYRI

*115 LEVIN H. CAMPBELL, Circuit Judge. Appellant, David Lloyd Nickens, appeals from his conviction in the United States District Court for the District of Puerto Rico. Nickens was indicted and convicted in a jury trial on three counts: importation of cocaine, in violation of 21 U.S.C. § 952(a); possession

WISDOM, Circuit Judge: This case is an appeal from a conviction for arson under 18 U.S.C. § 844(i) and 18 U.S.C. § 2 and for serving as an accessory after the fact in violation of 18 U.S.C. § 3. We AFFIRM. I. On April 4, 1989, Shannon Blake Triplett was indicted by a grand jury in a one-count instrument which charged that he

EDITH HOLLAN JONES, Circuit Judge: In August 1984, Jose Andres Mendez-Valle and Maria Calletano Rosales-Cruz, El Salvadoran citizens, along with three El Salvadoran juveniles (hereinafter collectively referred to as “illegal aliens” or “aliens”) left El Salvador. 1 Havi