Cases

People ex rel. Pacheco v Schiraldi (2021 NY Slip Op 07094) People v Schiraldi 2021 NY Slip Op 07094 Decided on December 21, 2021 Appellate Division, Second Department Published by New York State Law Reporting Bureau pur

United States Court of Appeals For the First Circuit Nos. 10-1076 10-1099 10-1115 10-1875 10-2466 UNITED STATES OF AMERICA, Appellee, v. JOSÉ DAVID ACOSTA-COLÓN, a/k/a David; JORGE FOURNIER-OLAVARRÍA, a/k/a Mesón; FERNANDO L. CASTILLO-MORALES, a/k/a Yaguita; ALEXIS RODRÍGUEZ-RODRÍGUEZ, a/k/a Sandro; and DAN

OPINION AND ORDER [Related to Crim. No. 07-00121(ADC) ] AIDA M. DELGADO-COLÓN, Chief Judge. Before the Court is petitioner Gabriel Rivera-Rodriguez’s (“petitioner” or “Rivera-Rodriguez”) motion- to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (“ § 2255 motion”) (ECF No. 1), and U.S. Magistrate Judge Camille L. Vélez-Rivé’s Report and Recommendation (“R

(2008) Jose Luis DIAZ-PENA, Petitioner v. WARDEN, FEDERAL CORRECTIONAL INSTITUTION, FORT DIX, NEW JERSEY, Respondent. Civil Action No. 08-11484-WGY. United States District Court, D. Massachusetts. November 12, 2008. MEMORANDUM AND ORDER YOUNG, District Judge. Ignoring the Guidelines—Officially [I]n judicial districts with unusua

COFFIN, Circuit Judge. Petitioner appeals from the denial by the District Court for the District of Puerto Rico of a petition for habeas corpus. At present, he is serving a sentence of life imprisonment for a conviction of first degree murder arising out of a crime committed in 1943. Petitioner unsuccessfully appealed his conviction t

SHWARTZ, Circuit Judge. Ilma Alexandra Soriano Nunez was charged with various crimes and appeared for a bail hearing. Conditions of release were set under the Bail Reform Act ("BRA"). Thereafter, Immigration and Customs Enforcement ("ICE") lodged and executed a detainer, and she was detained for removal proceedings. Because her detention for removal proceedings under the Immigration and

[J-36A-C-2024] [OAJC: Wecht, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 98 MAP 2023 : Appellee : Appeal from the Order of the : Superior Court at No. 811 MDA : 2021 entered on April 28, 2023, v. : Affirming th

[J-36A-C-2024] [OAJC: Wecht, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 98 MAP 2023 : Appellee : Appeal from the Order of the : Superior Court at No. 811 MDA : 2021 entered on April 28, 2023, v. : Affirming th

O'BRIEN, Circuit Judge. *1204Adrian M. Requena is an inmate housed by the Kansas Department of Corrections (KDOC). His initial 42 U.S.C. § 1983 complaint named 11 prison employees as defendants and alleged various violation

Ontavius Deshard White v. State, No. 0891 of the 2019 Term, Opinion by Moylan, J. HEADNOTES: ILLEGAL POSSESSION OF A FIREARM – SUPPRESSION HEARING – EXECUTION OF AN OUTSTANDING SEARCH WARRANT – THE APPELLANT WAS ARRESTED – THE SUPPRESSION HEARING RULINGS – THE CONTENTIONS – THE STANDARD OF REVIEW – THE THRESHOLD OF FOURTH AMENDMENT APPLICABILITY – STANDING TO OBJECT – THE MERITS OF THE FOURTH AMENDMENT – THE SPECIAL EXCEPTION OF ARIZONA V. GANT – A SHAKY PEDIGREE – THIS IS NOT A CARROL

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Criminal Action No. 18-08 (RDM) STEVEN GORHAM, Defendant. MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant Steven Gorham’s motion to suppress physical evidence and statements. Dkt. 5. The relevant events occurr

RANDOLPH D. MOSS, United States District Judge This matter is before the Court on Defendant Steven Gorham's motion to suppress physical evidence and statements. Dkt. 5. The relevant events occurred on December 4, 2017, when two Metropolitan Police Department ("MPD") officers approached Gorham at the Woodland Terrace apartment complex. At first Gorham ignored them, looking instead at his cell phone, but, as soon as one of the officer

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Criminal Action No. 18-08 (RDM) STEVEN GORHAM, Defendant. MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant Steven Gorham’s motion to suppress physical evidence and statements. Dkt. 5. The relevant events occurr

LIPEZ, Circuit Judge. Jesús Bello appeals his conviction and sentence for assaulting a fellow prisoner in the Metropolitan Detention Center in Guaynabo, Puerto Rico (“MDC-Guayna-bo”) in violation of 18 U.S.C. § 113(a)(6). Bello claims that the court erred in taking judicial notice of the jurisdictional element of the offense, namely, that MDC-Guayna-bo was within the territorial j

THOMPSON, Circuit Judge. Overview Today we deal with the fallout from a deadly drug conspiracy in Puerto Rico involving a small army of criminals affiliated with “the Combo of Dr. Pila” (from now on, “the Combo”), a vicious gang named after a local housing project where members ran one of their many drug points. The five defendants whose joint trial led to these consolidated appeals are Acosta, Fournier,

OPINION Mark R. Hornak, United States District Judge Before the Court is Plaintiff Angelica Davila’s Motion for Reconsideration in No. 14-cv-70, ECF No. 16.1 Ms. Davila filed this suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671, et seq., following a traffic stop, which she asserts was predicated upon her Hispanic heritage

635 F.Supp.2d 514 (2009) Kevin Lane BAKER, Plaintiff, v. Tim WILKINSON, et al., Defendants. Civil Action No. CV05-1914-A. United States District Court, W.D. Louisiana, Alexandria Division. July 2, 2009. *515 Kevin Lane Baker, Winnfield, LA, pro se. Ronald E. Corkern, Jr., John Chris Guillet, Corkern & Crews, Natchitoch

LYNCH, Chief Judge. Plaintiff Gregorio Igartua and others have brought suit claiming they and other U.S. citizen-residents of Puerto Rico have a right to vote for a Representative to the U.S. House of Representatives from Puerto Rico and a right to have Representatives from Puerto Rico in that body. Long ago, residents of Puerto Rico were granted U.S. citizenship by statute. See Pub.L. No. 368, ch. 145, § 5, 39 Stat.

*977DEATH PENALTY CASE ORDER: (1) DENYING PETITIONER’S REQUEST FOR AN EVIDENTIARY HEARING AND/OR DISCOVERY ON CLAIMS 4-8, 10-11, 25-27, AND 29-31; (2) DENYING RESPONDENT’S REQUEST TO DISMISS CERTAIN CLAIMS ON THE BASIS OF STATE PROCEDURAL BARS; (3) DENYING HABEAS RELIEF ON CLAIMS 1-8, 10-11, AND 13-38 IN THE FIRST AMENDED PETITION; AND

OPINION & ORDER KENNETH M. KARAS, District Judge: Plaintiff Kenneth Samuels (“Plaintiff’) brings this action against defendants Brian Fischer (“Fischer”), Albert Prack (“Prack”), Philip Heath (“Heath”), William Keyser (“Keyser”), Michael Barnes (“Barnes”), Corey Gamble (“Gamble”), Ronald Brereton (“Brereton”), Kenneth White (‘White”), Brian Schrader (“Schrad