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Decisions In Criminal Matters, RICO Case, and Remand Was Proper In Bayer Suit

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By FindLaw Staff on June 22, 2010 3:23 PM

US v. Brown, No. 09-1028, concerned a challenge to the district court's imposition of a 120-month mandatory minimum sentence, despite defendant's two previous convictions for aggravated assault qualified him as a career offender for purposes of section 4B1.1, in a conviction for distributing more than five grams of crack cocaine.  In vacating and remanding for re-sentencing, the court held that the district court failed to articulate the necessary justification for such a sizable departure from the guidelines.   

In Jay E. Hayden Found. v. First Neighbor Bank, NA, No. 09-2781, the court faced a challenge to the district court's grant of defendants' motion to dismiss on the ground that the complaint itself showed that plaintiffs had missed the four-year deadline governing RICO suits, in plaintiffs' suit against a bank, two law firms, and affiliated individuals.  In affirming, the court held that the suit was barred by the four year statute of limitations as by the summer of 2003 at the latest, the plaintiffs knew that the lawyer had looted the estate and that the bank's employees were trying to prevent further investigation of the lawyer.   

US v. Wheaton, No. 09-3171, concerned an Anders brief, where defendant's appeal of the district court's imposition of a 36-month sentence upon revocation of his supervised release for distributing marijuana, is dismissed as defendant has admitted violation of the terms of his supervised release, and motion to withdraw is granted.   

Anderson v. Bayer Corp., No. 10-8003, involved defendants' petition for leave to appeal under 28 U.S.C. section 1453(c) of district court's order remanding four of the five cases, in plaintiffs' suit for personal injuries caused by Trasylol, a prescription medication manufactured by Bayer.  In denying the petition for lack of jurisdiction, the court held that the district court properly concluded that the four cases were not mass actions under CAFA.   

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