Alleged Breach of Securities Sale Agreement, and Criminal Matters - U.S. Second Circuit
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Alleged Breach of Securities Sale Agreement, and Criminal Matters

In US v. DeJesus-Concepcion, No. 09-1673, the court of appeals affirmed defendant's sentence for an unstated offense on the ground that the district court did not misapply section 4A1.2(c)(1) of the Sentencing Guidelines because unauthorized use of a vehicle in New York was an offense "similar to" the listed offense of "[c]areless or reckless driving" under section 4A1.2(c)(1).

Highland Cap. Mgmt. LP v. Schneider, No. 08-4630, concerned an action for breach of contract alleging that defendants' agent made an oral agreement to sell certain notes to plaintiffs at a significant discount, but reneged on that agreement.  The court of appeals reversed judgment for plaintiffs, on the ground that the evidence was insufficient to support a finding that defendants' agent had actual or apparent authority to make the contract on defendants' behalf or that he made such a contract.

US v. Julius, No. 08-4267, involved the government's appeal from the district court's order holding that a firearm seized during the arrest of defendant must be excluded from evidence because it was obtained as a result of a search that violated the Fourth Amendment.  The court of appeals remanded to give the district court the opportunity to reconsider its decision in light of the Supreme Court's recent decision in Herring v. United States, 129 S. Ct. 695 (2009).

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