U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Forfeiture Order Not Unconstitutionally Disproportionate, and Other Criminal Matter

In US v. Castello, No. 09-2784, the court of appeals vacated the district court's forfeiture order against defendant based on his conviction for failing to file Currency Transaction Reports in the course of running his check-cashing business, holding that the application of the four Bajakajian factors established that the forfeiture imposed in the district court's initial forfeiture order was not grossly disproportional to the crime for which defendant was convicted.

In US v. Woltmann, No. 10-413, a tax fraud prosecution, the court of appeals denied the government's motion to dismiss defendant's appeal, and vacated defendant's sentence, holding that the appeal waiver provision of defendant's plea agreement was unenforceable.

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