Cases

Petition for writ of cer-tiorari to the United States Court of Appeals for the Ninth Circuit denied. Same case below, 358 Fed. Appx. 946.

PAMELA K. CHEN, United States District Judge Defendant Jaime Reyes Nunez ("Reyes Nunez") is charged under 8 U.S.C. §§ 1326(a) and (b)(1) with illegal reentry into the United States subsequent to the entry of a deportation order in 2006. Reyes Nunez moves to dismiss the indictment pursuant to

REBECCA BEACH SMITH, UNITED STATES DISTRICT JUDGE This matter comes before the court on Defendant's Motion to Dismiss Indictment ("Motion"), filed on March 4, 2019. ECF No. 14. Defendant's Motion raises two independent grounds for dismissal. Id. at 1. First, Defendant asserts that the government failed to serve him with a Notice of Hearing to give him actual notice of his rescheduled removal hearing, which violated his righ

RULING ON MOTION FOR RECONSIDERATION STEFAN R. UNDERHILL, District Judge. On July 5, 2011, Marc Barrett (“Barrett” or “the petitioner”), acting pro se, filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (doc. # 1), challenging the legality of the sentence imposed on him over two and a half years earlier on September 30, 2008. On October 13, 2011, I ordered

799 F.Supp.2d 156 (2011) Shawn TELLADO, Petitioner, v. UNITED STATES of America, Respondent. No. 3:09cv1572 (MRK). United States District Court, D. Connecticut. July 13, 2011. *159 Terence S. Ward, Federal Public Defender's Office, Hartford, CT, for Petitioner. *160 Geoffrey M. Stone, S

414 F.Supp.2d 210 (2006) Adil KHAN, Plaintiff, v. UNITED STATES of America, Defendants. No. 05 CV 2015(ADS)(ARL). United States District Court, E.D. New York. February 11, 2006. *211 Adil Khari, Fort Dix, NJ, Pro Se Petitioner. Roslynn Mauskopf, United States Attorney for the Eastern District of New York, by Bonnie S. Klap

PER CURIAM. Pro se prisoner Mefail CelikosH appeals an order by which the district court sua sponte dismissed his 28 U.S.C. § 2255 motion as barred by the one-year statute of limitations enacted by the Antiterrorism and Effective Death Penalty Act (AED-PA), Pub.L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996). Although the government did not raise the limitations issue in its response to CelikosH’s motion, the di

153 F.Supp.2d 453 (2001) Frank John DEFEO, Petitioner, v. UNITED STATES of America, Respondent. No. 99 CIV 9094 RWS. United States District Court, S.D. New York. July 25, 2001. *454 Carro, Velez, Carro & Mitchell, New York City, By Peter E. Quijano, of counsel, for Petitioner. Honorable Mary Jo White, United States Att

FAY, Senior Circuit Judge: In this appeal, we are faced with an issue of first impression in this circuit: whether the sentence of an alien convicted of illegally reentering the United States may be enhanced under U.S.S.G. § 2L1.2(b)(2) due to the prior commission of an “aggravated felony,” as defined in the guideline, where the date of the prior offense precedes the effective

PUBLISH IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 96-5424 ________________________ D. C. Docket No. 96-383-CR-JAL UNITED STATES OF AMERICA,

Judge OAKES dissents in a separate opinion. JOSÉ A. CABRANES, Circuit Judge: Defendant Dennis Llewellyn Tappin appeals from a judgment of the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge), convicting him, following a guilty plea, of illegal reentry into the United States after having been deported following conviction of an aggravated felony, in violation of 8

HANSEN, Circuit Judge. Robert A. Haversat and David B. Gibson each pleaded nolo contendere to a single count of conspiring to fix prices in violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1. The district court departed downward at sentencing and sentenced Hav-ersat and Gibson each to pay a $250,000 fine. The government appeals the sentences. Haversat and Gibson cross appeal the district court’s findings deny

Affirmed by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge RUSSELL and Judge LUTTIG concurred. OPINION CHAPMAN, Senior Circuit Judge: Appellant, David A. Campbell, entered a plea of guilty to unlawfully reentering the United States after being deported, in viola

OPINION PER CURIAM: Appellant Mario Roberto Fuentes-Baraho-na (“Fuentes”) appeals his eighty-month sentence for illegal reentry under 8 U.S.C. § 1326(b)(1). The district court enhanced Fuentes’s base offense level by sixteen levels because the court believed that his 1984 state court conviction was a “crime of violence” that qualified as an “aggravated felon

22 F.3d 790 1994-1 Trade Cases P 70,574 UNITED STATES of America, Appellant/Cross-Appellee,v.Robert A. HAVERSAT, Appellee/Cross-Appellant.UNITED STATES of America, Appellant/Cross-Appellee,v.David B. GIBSON, Appellee/Cross-Appellant. Nos. 93-2090, 93-2203, 93-2091 and 93-2201. United States Court of Appeals,Eighth Circuit.

ARNOLD, Circuit Judge. Bobby Dale Smith appeals his conviction for several offenses growing out of a conspiracy to distribute cocaine. Smith was a middle-level distributor of cocaine and marijuana in Council Bluffs, Iowa and Omaha, Nebraska. He claims the District Court 1 erred in admitting evidence of his crime secur

Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 03/14/2023 09:05 AM CDT - 609 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports STATE V. EMBREE Cite as 31 Neb. App. 609 State of Nebraska,

208 P.3d 233 (2009) STATE of Arizona, Appellee, v. Jesus VALVERDE, Jr., Appellant. No. CR-08-0292-PR. Supreme Court of Arizona, En Banc. June 3, 2009. *234 Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix,

NUMBER 13-15-00145-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG JESUS RIVERA, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 144th District Court

18-3235-pr Janakievski v. Executive Director, Rochester Psychiatric Center 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 4 August Term, 2019 5 6 (Submitted: January 27, 2020 Decided: April 10, 2020) 7 8 Docket No. 18-3235 9 10 11 _____________________________________ 12 13