10 results for 'judge:"Menashi"'.
J. Menashi finds that the district court properly revoked probation imposed upon defendant's conviction for drug trafficking and sentenced him to prison for violating the terms of release by repeatedly raping his teenage daughter over the course of a year. Defendant contends he received ineffective assistance at the violation hearing when counsel failed to present medical evidence indicating he was physically incapable of rape due to previous injuries, but he failed to demonstrate that any shortcoming had been prejudicial in light of his admission that he had sex with his wife on the same air mattress where some of the rapes occurred. Meanwhile, the sentence did not constitute an abuse of discretion. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: April 30, 2024, Case #: 22-1775, Categories: Evidence, Ineffective Assistance, Probation
J. Menashi finds that an attorney's appeal from interlocutory orders on her claims of court misconduct should be dismissed for lack of jurisdiction. She alleged that a state trial court justice behaved inappropriately when she was his court attorney and that she had been harassed by court officers for reporting the behavior. However, her failure to comply with discovery led to dismissal as a sanction, and the "merger rule" that applies to interlocutory and final orders does not apply when sanctions are involved.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 27, 2024, Case #: 23-437-cv, Categories: Sanctions, Jurisdiction
J. Menashi finds that the district court improperly dismissed an indictment charging that former state senator Brian Benjamin committed bribery and honest services wire fraud during his unsuccessful campaign for New York City comptroller and covered up the indictment during a background check when he was nominated to be New York's lieutenant governor. The indictment sufficiently alleged an explicit quid quo pro in directing $50,000 in state grant money to a nonprofit controlled by a local real estate developer in exchange for matching, small-dollar campaign contributions. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 8, 2024, Case #: 22-3091, Categories: Evidence, Fraud, Bribery
J. Menashi finds that the district court improperly found for state prison guards in claims contending they violated an inmate's right to freely exercise his religion because the inmate did not have to demonstrate that his observance of the Jewish holiday of Shavuot had been substantially burdened to overcome summary judgment. However, the court properly entered favorable rulings for guards who lacked personal involvement in the matter.
Court: 2nd Circuit, Judge: Menashi, Filed On: November 27, 2023, Case #: 22-764, Categories: Prisoners' Rights
J. Menashi finds that the district court properly declined to vacate defendant's conviction and sentence on firearm charges. Defendant contends such had been based on a now-invalid conspiracy predicate, but the conviction rested on a valid predicate crime of violence since the jury found that defendant committed both substantive murder and murder conspiracy in a retaliatory killing he organized. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: November 21, 2023, Case #: 21-2632, Categories: Firearms, Murder, Conspiracy
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J. Menashi finds that the district court improperly allowed securities regulators to assess additional disgorgement penalties against a company principal who kept money raised in three stock offerings. Precedent holds that disgorgement is governed by equitable limitations, and thus the lower court must determined on remand whether defrauded investors suffered financial harm in the scheme. If disgorgement is applicable, the value of the principal's surrendered stock should be credited toward the overall award.
Court: 2nd Circuit, Judge: Menashi, Filed On: October 31, 2023, Case #: 22-1658, Categories: Civil Procedure, Fraud, Securities
J. Menashi finds that the district court improperly dismissed a claim by a pro-life advocate that he was not barred from "sidewalk counseling" prospective abortion-seekers by an earlier permanent injunction against such activity outside clinics in Western New York. Because he was not a named party or identified with a named party, the injunction did not apply to his activities unless he attempted to assist someone so enjoined. Furthermore, the man's request for a preliminary injunction to block application of the permanent injunction to him was also improperly denied. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: August 4, 2023, Case #: 20-664-cv, Categories: Civil Rights, Injunction
J. Menashi finds that the district court improperly dismissed RICO claims contending plaintiff's brother looted their father's estate as executor. The RICO amendment cited by the brother did not apply to the claims because the alleged instances of fraud did not involve buying or selling securities. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: July 24, 2023, Case #: 21-2105, Categories: Securities, Racketeering
J. Menashi finds that the district court improperly dismissed federal claims brought against county officials and entities following termination of a mother's parental rights in state court. The Rooker-Feldman doctrine did not apply because an appeal from the state action remained pending, indicating that the mother was not attempting to circumvent the decision. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: July 21, 2023, Case #: 21-1473, Categories: Family Law, Jurisdiction