U.S. v. Hansen, Op. No. 22-179 (06/23/2023) (Immigration Offenses)
Because § 1324(a)(1)(A)(iv) forbids only the purposeful solicitation
and facilitation of specific acts known to violate federal law, the clause
is not unconstitutionally overbroad.
Samia v. U.S., Op. No. 22-196 (06/23/2023) (Sixth Amendment/Hearsay)
The Confrontation Clause was not violated by the admission of a
non-testifying co-defendant’s confession that did not directly inculpate
the defendant and was subject to a proper limiting instruction.
Lora v. U.S., Op. No. 22-49 (06/16/2023) (Sentencing)
Section 924(c)(1)(D)(ii)'s bar on concurrent sentences does not govern
a sentence for a § 924(j) conviction. A § 924(j) sentence therefore can
run either concurrently with or consecutively to another sentence.
Smith v. U.S., Op. No. 21-1576 (06/15/2023) (Double Jeopardy)
The Constitution permits the retrial of a defendant following a trial
in an improper venue conducted before a jury drawn from the wrong
district.
Dubin v. U.S., Op. No. 22-10 (06/08/2023) (Identity Theft)
Under § 1028A(a)(1), a defendant “uses” another person's means of
identification “in relation to” a predicate offense when the use is at the
crux of what makes the conduct criminal.
U.S. v. Schutte, et al., Op. No. 21-1326 (06/01/2023) (False Claims Act)
The FCA’s scienter element refers to a defendant’s knowledge and
subjective beliefs—not to what an objectively reasonable person may
have known or believed.
Percoco v. U.S., Op. No. 21-1158 (05/11/2023) (Honest Services Wire Fraud)
Instructing the jury based on the Second Circuit's 1982 decision in
Margiotta on the legal standard for finding that a private citizen owes
the government a duty of honest services was error.
Ciminelli v. U.S., Op. No. 21-1170 (05/11/2023) (Fraud)
Because the right to valuable economic information needed to make
discretionary economic decisions is not a traditional property interest,
the Second Circuit's right-to-control theory cannot form the basis for a
conviction under the federal fraud statutes.
Bittner v. U.S., Op. No. 21-1195 (02/28/2023) (Bank Secrecy Act/Sentencing)
The BSA's $10,000 maximum penalty for the non-willful failure to file
a compliant report accrues on a per-report, not a per-account, basis.