Saturday, January 19, 2008

Summary Summary

Here's another group of summary orders of interest:

In United States v. Whitley, No. 05-3359-cr (2d Cir. January 15, 2008), the court accepted a "minimally sufficient" Anders brief.

In United States v. Leonardo, No. 05-1791-cr (2d Cir. January 14, 2008), the court excused the defendant's waiver of his appeal, and found that the government breached a cooperation agreement by withdrawing its 5K1.1 motion for a reason different from that permitted by the agreement.

United States v. Ramirez, No. 06-2869-cr (2d Cir. January 9, 2008), held that the district court did not err in permitting the defendant to withdraw from a plea agreement - to his ultimate detriment - in light of Booker.

In United States v. John, No. 07-3120-cr (January 8, 2008), the court found no impermissible double counting in an assault case, where the district court added a three-level enhancement for physical contact, rejecting the defendant's argument that this was included in the base offense level.

Finally, in United States v. Hamed, No. 06-3966-cr (2d Cir. January 7, 2008), the district court's error in inadvertently replacing a regular juror with an alternate was harmless.


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