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Through various means, both web based and print, we are monitoring as best we can discussions related to the ongoing health care discussions. Below is an edited and excerpted version of some information we received recently from GalleryWatch in Washington, DC. We would like to share it with you. This updates our earlier posting on the Criminal Law Library Blog

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You might have noticed over the past little while that the Senate Finance Committee has been marking up a bill to reform our health care system.( see links following this discussion to the October 1 version of the bill from the Finance Committee and to a list dated October 5, 2009 of technical corrections to that bill).

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As we becme increasingly dependant on information transmitted and stored in digital formats, ssues related to cybercrime are rapidly becoming central to all areas of the law. This is not stated as a criticism but rather as a fact that must be addressed by whatever means possible, including programs such as the one described below::

The White House announces a Cyberspace Policy review, proclaims a national security concern and appoints a czar; the FTC is about to issue “Red Flag” ID-theft compliance plan mandates; the Computer Hacking and Intellectual Property (CHIPS) units at DOJ and various U.S. Attorney’s Offices are gearing up; and “hacking” and HIPAA prosecutions are on the rise. Get the picture?

Whether you provide compliance/governance advice to corporations, counsel corporations about data breach crisis-response, or defend individuals, getting up to speed on where we are and where we are going is critical. An experienced panel of prosecutors, defense lawyers and cyber-experts will discuss these and other issues.

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September 28 – October 2, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, October 01, 2009 US v. Torres-Oliveras, No. 07-2720
Sentence and conviction of defendant for drug-related crimes is affirmed where: 1) defendant’s appeal waiver is valid, and thus, direct appeal of his conviction and sentence is not permitted under the terms of the waiver to which he assented; 2) district court did not abuse its discretion in denying defendant’s pro se motion for modification of his term of imprisonment as he stipulated to possession with intent to distribute powder cocaine, and the revised guideline regarding crack cocaine possession was simply not applicable; and 3) defendant’s Kimbrough claim is rejected.

U.S. 2nd Circuit Court of Appeals, September 28, 2009 Dunlap v. Burge, No. 07-0592 In a robbery prosecution, grant of petitioner’s habeas petition is reversed where the district court erred in failing to accord the deference required by 28 U.S.C. section 2254(d) to the state court’s evaluation of the pretrial identification procedures used by the police.

U.S. 2nd Circuit Court of Appeals, September 28, 2009 Jova v. Smith, No. 08-2816 In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part where the restrictions imposed on plaintiffs’ practice were justified by powerful security and administrative interests, but reversed in part where defendants did not demonstrate that the religious/meatless alternative menu was the least restrictive means of furthering their compelling administrative interests.
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September 28 – October 2, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, September 28, 2009 Chiang v. Skeirik, No. 08-2105
District court’s dismissal of plaintiff’s amended complaint arising from a denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff’s claim that his visa was improperly denied as he failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff’s Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff’s motion to file a second amended complaint as it would have been futile. .

U.S. 1st Circuit Court of Appeals, October 01, 2009 Remexcel Managerial Consultants, Inc. v. Arlequin, No. 08-1753
In a political discrimination case against a municipality in Puerto Rico, default judgment against defendants is affirmed where the district court did not abuse its discretion in entering the default judgment for repeated discovery violations, and the law of the case doctrine bars defendants’ attempt to re-argue the adequacy of plaintiffs’ complaint.

U.S. 2nd Circuit Court of Appeals, September 28, 2009 Frontera Resources Azerbaijan Corp. v. State Oil Co. of Azerbaijan, No. 07-1815 In a petition to confirm a Swedish arbitral award against the government of Azerbaijan, dismissal of the petition for lack of jurisdiction is reversed where the district court erred by holding that foreign states and their agents are entitled to rights under the Due Process Clause.
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw:

September 30 – October 2, 2009.

View FindLaw’s new Case Summary Blog for the U.S. 2nd Circuit Court of Appeals
CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE Roberts v. Babkiewicz, No. 08-3858 In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a “favorable termination.” ..

ERISA, LABOR & EMPLOYMENT LAW Ladouceur v. Credit Lyonnais, No. 07-4040 In an ERISA action alleging a breach of fiduciary duty based on changes to an employee benefit plan, summary judgment for defendants is affirmed where oral promises cannot vary the terms of a written ERISA plan.

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Update from the Lexis Alert Service,

October 2,2009
1. People v Ferrer, 1096, 2459/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6779; 2009 N.Y. App. Div. LEXIS 6611, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appellant from a judgment of the Supreme Court, New York County (Renee White, J.), …

2. People v Garcia, 1088, 1093/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6772; 2009 N.Y. App. Div. LEXIS 6612, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Gregory Carro, J. …

3. People v Rivera, 1093, 314/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6776; 2009 N.Y. App. Div. LEXIS 6615, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Robert Stolz, J.), …

4. People v Leak, 1085, 6196/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6769; 2009 N.Y. App. Div. LEXIS 6616, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Richard D. Carruthers, …

5. People v Jameson, 1091, 6630/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6774; 2009 N.Y. App. Div. LEXIS 6621, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, …
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Occasionally we are asked by lawyers preparing briefs if we would consider posting the final product on this blog. In this instance we are posting an appellant brief for the New York Sourt of Appeals Second Circuit case United States v. Justin K. Dorvee. The brief was prepared by Paul J. Angioletti, attorney for the defendant. We are grateful to Mr. Angioletti for submitting his brief for posting on this blog.

The information immediately below is taken from the introductory sections to give you a quick overview of the issues involved. It is followed by a link to the complete text of the brief, which you can upload.

BRIEF FOR DEFENDANT-APPELLANT JUSTIN K. DORVEE

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September 7-11, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, September 11, 2009 US v. Bucci, No. 07-2376
Defendant’s sentence, a forfeiture order and convictions for drug trafficking and related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant discovery in support of his vindictive-prosecution claim; 2) a second superseding indictment was timely filed as defendant did not “engage” in a monetary transaction until the funds were deposited into his account; 3) defendant had no reasonable objective expectation of privacy in the front of his home; 4) officers had probable cause to believe there was evidence of criminal activity in defendant’s vehicle to conduct a search; 5) district court did not abuse its discretion in allowing the government a rebuttal opening statement; 6) district court’s imposition of enhancement did not violate defendant’s Sixth Amendment rights where the court was aware of its discretion to impose a below-guideline sentence and adequately considered defendant’s argument for a below-guideline sentence; and 7) distri! ct court did not plainly err in instructing the jury that “proceeds” meant “gross proceeds” for forfeiture purposes.

U.S. 3rd Circuit Court of Appeals, September 11, 2009 Simmons v. Beard , No. 05-9001 In habeas proceedings arising from defendant’s capital murder conviction, district court’s grant of habeas relief on the ground that the state prosecutors had withheld several pieces of material exculpatory evidence in violation of Brady is affirmed where the cumulative effect of the multiple Brady violations was to undermine confidence in the verdict.

U.S. 3rd Circuit Court of Appeals, September 11, 2009 Massey v. US, No. 09-1665 District court’s denial of pro se defendant’s petition for a writ of audita querela is affirmed as his claim is cognizable under 28 U.S.C. section 2255 and there is no gap to fill in the post-conviction remedies
U.S. 6th Circuit Court of Appeals, September 08, 2009 Ruelas v. Wolfenbarger, No. 08-1571 In a murder prosecution, the district court’s grant of a habeas petition is reversed where, even assuming state courts unreasonably applied federal law in determining that petitioner’s guilty plea was not improper, the inquiry became whether the failure to consider manslaughter “had a substantial and injurious effect or influence” on the determination that he was guilty of second-degree murder, and it did not have such an effect.

U.S. 6th Circuit Court of Appeals, September 08, 2009 US v. Dyer, No. 08-5671 In a drug prosecution, a denial of defendant’s motion to suppress evidence is affirmed where: 1) an affidavit in support of the search warrant established the reliability of the police’s informant; and 2) there were sufficient indicia of reliability without substantial independent police corroboration.
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