Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

The Second Circuit vacated defendant's conviction of traveling interstate for the purpose of engaging in illicit conduct with a minor in violation of 18 U.S.C. 2423(b). Defendant had pleaded guilty pursuant to a plea agreement stipulating that when he was 25 years old, he traveled from Rhode Island to Connecticut for the purpose of having sexual intercourse with a young girl he told detectives he believed to be 16 years old when in fact she was younger than 16 but older than 13.The Second Circuit held that 18 U.S.C. 2423(b) is not a strict liability crime. The court held that the statute criminalizes interstate travel "for the purpose of" engaging in a sexual act with someone aged at least 12, not yet, 16, and at least four years the defendant's junior. In this case, defendant believed he was going to have sexual intercourse with a 16 year old and was thus not guilty of violating section 2423(b). The court remanded for further proceedings. View "United States v. Murphy" on Justia Law

Plaintiff appealed the district court's grant of Healthport's motion for summary judgment in an action involving claims of excessive charges for medical records under the New York Public Health Law.The Second Circuit vacated the district court's judgment, because the court anticipates certifying certain questions to the New York Court of Appeals after a final judgment is entered, and wishes to avoid multiple, unnecessary proceedings. Therefore, the court remanded to the district court with instructions to reinstate Beth Israel as a party and to adjudicate the case to a final judgment. The court also remanded along the lines of the procedures set out in United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), so that any new appeal will be referred to this panel. View "Ruzhinskaya v. HealthPort Technologies, LLC" on Justia Law

The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable for an aggravated felony. The court held that petitioner's conviction for first‐degree robbery in violation of Connecticut General Statutes 53a‐134(a)(4) is a crime of violence under 18 U.S.C. 16(a) and therefore an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii), 1101(43)(F). View "Wood v. Barr" on Justia Law

The Second Circuit affirmed defendants' convictions for honest services fraud and honest services fraud conspiracy, conspiracy to violate the Travel Act, and conspiracy to commit money laundering. However, the court held that the district court failed to employ a sound methodology to determine the victim's actual loss for restitution; the district court erred in ordering forfeiture of an amount that exceeded the amount of the criminal proceeds; and, under the circumstances of this case, Honeycutt v. United States, 137 S. Ct. 1626 (2017), did not foreclose ordering defendants jointly and severally to forfeit the proceeds each possessed as a result of their crimes. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings. View "United States v. Tanner" on Justia Law

The Second Circuit affirmed the district court's orders affirming the bankruptcy court's award of monetary sanctions pursuant to its inherent power. Appellant filed a Chapter 7 petition in bankruptcy court for his client but ultimately failed to prosecute the case. The bankruptcy court then issued multiple orders to show cause, which appellant failed to comply with, and then the bankruptcy court ultimately sanctioned him.The court held, as a matter of first impression, that bankruptcy courts possess inherent power to sanction attorneys in appropriate circumstances. In this case, appellant's challenges to the bankruptcy court's exercise of that power failed for the reasons set forth in a separately-filed summary order. View "In re: Alba Sanchez" on Justia Law

The Second Circuit affirmed the district court's sua sponte dismissal of plaintiff's complaint, claiming that various individuals involved in his pending divorce and child custody proceedings, including his wife, their marriage counselor, and a family court judge, violated his constitutional rights and New York state law.The court held that the district court correctly determined that, at all relevant times, the family court judge was entitled to judicial immunity. Furthermore, even if the judge erred in extending the temporary protection order against plaintiff shortly after recusing herself, any such error fell far short of an act taken in the complete absence of all jurisdiction. The court also held that the domestic relations abstention doctrine articulated in American Airlines, Inc. v. Block, 905 F.2d 12 (2d Cir. 1990), applies in federal‐question cases. The court clarified that, although the domestic relations "exception" to subject matter jurisdiction recognized by the Supreme Court in Ankenbrandt v. Richards, 504 U.S. 689 (1992), did not apply in federal‐question cases, the domestic relations abstention doctrine articulated in American Airlines did. Therefore, the court affirmed the district court's dismissal of plaintiff's federal claims on abstention grounds. View "Deem v. DiMella-Deem" on Justia Law

Plaintiff filed suit against the City and an officer in his individual capacity, alleging claims of excessive force against the officer and state law claims against the City for assault and battery and negligence. Plaintiff's claim stemmed from a handcuffing incident during her voluntary surrender to police custody in connection with a misdemeanor complaint of domestic stalking and harassment filed by her estranged sister.The Second Circuit held that plaintiff sufficiently established her constitutional claim for excessive force for purposes of surviving a motion for summary judgment. In this case, a reasonable jury could find that the officer's actions in handcuffing plaintiff were objectively unreasonable in light of, inter alia, the minor nature of plaintiff's crime, the circumstances of her arrest, and the fact that she posed no apparent risk of flight or physical threat to the officers or others. However, the court held that, at the time of plaintiff's arrest, the officer's actions did not violate clearly established constitutional law. Therefore, the district court correctly concluded that his actions were protected by qualified immunity and summary judgment was proper on that basis. Accordingly, the court affirmed the district court's judgment. View "Cugini v. City of New York" on Justia Law

Plaintiffs Atterbury and Hauschild filed suit alleging that they were improperly discharged as Court Security Officers (CSOs). The district court granted summary judgment in favor of the USMC.The Second Circuit held that a discharged public employee, like plaintiffs here, working for a federal government contractor has a property interest in continued employment. The court also held that plaintiffs' discharges did not comply with the requirements of procedural due process. In this case, although plaintiffs were informed of the initial misconduct allegations that gave rise to the relevant investigations, USMS provided no explanation of the reasons for its decisions that they be removed from the CSO program. Accordingly, the court reversed and remanded in Atterbury's case, and affirmed and remanded in Hauschild's case. View "Atterbury v. United States Marshals Service" on Justia Law

The Second Circuit affirmed defendant's sentence after he pleaded guilty to conspiring to distribute and possess with intent to distribute heroin. The court held that the district court did not clearly err by applying a three-level sentencing enhancement for defendant's role in the offense where the evidence supported the district court's findings that he exercised the requisite control and authority over others to qualify as a manager or supervisor, and that the criminal activity involved five or more participants or was otherwise extensive.The court also did not clearly err by applying a two-level sentencing enhancement for committing an offense as part of criminal conduct engaged in as a livelihood. In this case, considering the totality of the circumstances, the district court did not clearly err by finding that defendant's criminal conduct was his primary occupation and, even if the application of the enhancement was inappropriate, the error was harmless. View "United States v. Moran" on Justia Law

Defendant appealed his conviction for crimes related to his involvement in a violent gang, drug trafficking operation. The Second Circuit held that the evidence was sufficient to support each count of conviction, including murder and attempted murder in aid of racketeering under 18 U.S.C. 1959. However, the court held that defendant's Sixth Amendment right to effective assistance of counsel was violated when the district court failed to ensure that defendant understood the full scope of the consequences arising from counsel's conflict of interest, including the disadvantages of a trial severance that counsel proposed. Accordingly, the court vacated defendant's convictions and remanded for a new trial. View "United States v. Arrington" on Justia Law