Petition for Review of Civil Penalty by Department of Health and Human Services Dismissed, and Administrative and Criminal Matters - U.S. Second Circuit
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Petition for Review of Civil Penalty by Department of Health and Human Services Dismissed, and Administrative and Criminal Matters

US v. Heras, No. 09-3150, concerned the government's appeal from the district court's grant of defendant's motion for judgment of acquittal on the charges of conspiracy to possess and aiding and abetting an attempt to possess with intent to distribute 500 grams or more of cocaine.  The court reversed on the ground that the evidence was sufficient to permit a jury to infer from defendant's knowledge that a co-conspirator was a drug dealer seeking to take possession of a quantity of drugs and defendant's knowing effort to further and facilitate that possession that defendant necessarily adopted the specific intent underlying the attempted possession, namely, distribution of any acquired drugs.

Jennifer Matthew Nursing & Rehab. Ctr. v. US Dept. of Health & Hum. Servs., No. 08-5052, involved a petition for review of a ruling by the Appeals Board of the U.S. Department of Health and Human Services affirming the decision of an Administrative Law Judge that upheld the assessment of an $80,000 civil monetary penalty for regulatory violations imposed by the Centers for Medicare and Medicaid Services against a certified nursing facility formerly owned and operated by petitioner.  The court of appeals dismissed the petition as moot, holding that, subsequent to the filing of the petition, the new owner-operator satisfied the civil monetary penalty assessed against the facility.

In US v. 777 Greene Ave., No. 08-5428, a civil forfeiture proceeding, the court of appeals denied the motion to withdraw of defendant's counsel, holding that such a motion would not be granted unless counsel satisfies the requirements established under Anders v. California, 386 U.S. 738 (1976), and its progeny.

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