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	<title>Mintz Law</title>
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		<title>Boarding a Plane Establishes Venue for Conspiracy to Commit Fraud, Not Substantive Offense</title>
		<description><![CDATA[In United States v. Tzolov, 2011 WL 2342629 (2d Cir. June 15, 2007), the Court rejected the government’s argument that venue for a securities fraud prosecution was proper in the Eastern District of New York solely because the defendants traveled through JFK airport on the way to meet with investors. Because all of the fraudulent [...]]]></description>
		<link>http://www.mintzlaw.com/2011/06/boarding-a-plane-establishes-venue-for-conspiracy-to-commit-fraud-but-not-substantive-offense/</link>
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		<title>Sentencing Errors Did Not Render Appeal Waiver Unenforceable, But Were Still Errors</title>
		<description><![CDATA[In United States v. Buissereth, 09-5358-cr (2d Cir. March 15, 2011) &#8211; a case in which I represent the appellant &#8211; the Second Circuit found that the district court erred by failing to: rule on the defendant&#8217;s objections to the Presentence Investigation Report; rule on numerous arguments for departures or a variance; adopt the findings [...]]]></description>
		<link>http://www.mintzlaw.com/2011/03/sentencing-errors-did-not-render-appeal-waiver-unenforceable-but-were-still-errors/</link>
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		<title>Tattoos Can Be Testimonial Communications Under the Fifth Amendment</title>
		<description><![CDATA[In United States v. Greer, 09-4362-cr, decided February 4, 2011, the Second Circuit held that evidence about a tattoo on Greer’s arm was “testimonial” because it was introduced at trial to show that Greer had a relationship with a person and not just for purposes of identification.
Greer was arrested after police found ammunition in a [...]]]></description>
		<link>http://www.mintzlaw.com/2011/02/tattoos-can-be-testimonial-communications-under-the-fifth-amendment/</link>
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		<title>Second Circuit Upholds Constitutionality of New York State’s Persistent Felony Offender Sentencing Scheme</title>
		<description><![CDATA[In Portalatin v. Graham, __ F.3d __, 2010 WL 4055571 (2d Cir. Oct. 18, 2010)(en banc), the Second Circuit, in a 9-3 split,  held that the New York State courts did not unreasonably apply Supreme Court precedent when finding that the New York State Persistent Felony Offender sentencing statute (PFO) was Constitutional.
The majority relied [...]]]></description>
		<link>http://www.mintzlaw.com/2010/10/second-circuit-upholds-constitutionality-of-new-york-state%e2%80%99s-persistent-felony-offender-sentencing-scheme/</link>
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		<title>Just How Pervasive is Prosecutorial Misconduct?</title>
		<description><![CDATA[USA TODAY has an important story about misconduct by federal prosecutors. The article is based on an examination of 201 cases in which district court judges found that prosecutors violated laws or ethics rules – such as hiding evidence, lying to judges and juries, and breaching plea agreements.
The Department of Justice won’t disclose whether any [...]]]></description>
		<link>http://www.mintzlaw.com/2010/09/just-how-prvasive/</link>
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		<title>District Court’s Refusal to Consider 5k Letter or 3553 Factors at Sentencing Renders Appellate Waiver Unenforceable and Results in Remand to a New Judge</title>
		<description><![CDATA[In United States v. Woltman, 10-413-cr (2d Cir. July 6, 2010), the Second Circuit found an appellate waiver contained in a plea agreement unenforceable, vacated the sentence, and remanded the case to a new judge.
Woltman pled guilty pursuant to a plea agreement which included a provision whereby he waived his right to appeal any sentence [...]]]></description>
		<link>http://www.mintzlaw.com/2010/07/district-court%e2%80%99s-refusal-to-consider-5k-letter-or-3553-factors-at-sentencing-renders-appellate-waiver-unenforceable-and-results-in-remand-to-a-new-judge/</link>
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		<title>§ 2254 Petition Addressing Resentencing Is Not Second or Successive, Even If Prior Petition Was Filed</title>
		<description><![CDATA[In Magwood v. Patterson, the United States Supreme Court held that a when a defendant files a § 2254 Petition which is granted, a subsequent § 2254 Petition challenging the new sentence is not &#8220;second or successive,&#8221; and therefore not subject to the constraints of § 2244(b) &#8212; which requires, among other things, leave from [...]]]></description>
		<link>http://www.mintzlaw.com/2010/06/%c2%a7-2254-petition-addressing-resentencing-is-not-second-or-successive-even-if-prior-petition-was-filed/</link>
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		<title>Conspiracy Conviction Vacated Where Evidence Did Not Show Defendant Knew the Precise Nature of Contraband He Received</title>
		<description><![CDATA[In United States v. Torres, 09-17710-cr (2d Cir. May 5, 2010), the defendant had been convicted after trial of conspiring to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. sec. 846.
In reversing that conviction, the Court found that the evidence was sufficient to permit the jury to find beyond a [...]]]></description>
		<link>http://www.mintzlaw.com/2010/05/conspiracy-conviction-vacated-where-evidence-did-not-show-defendant-knew-the-precise-nature-of-contraband-he-received/</link>
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		<title>New Trial Ordered Where District Court Forced Defendant to Represent Himself</title>
		<description><![CDATA[In United States v. Venable, 2010 WL 1474348 (4th Cir. April 14, 2010), the Fourth Circuit ordered a new trial because the district court forced the defendant to proceed pro se, even though the defendant did not waive his right to counsel – or wish to do so.
After being indicted, Venable had counsel appointed under [...]]]></description>
		<link>http://www.mintzlaw.com/2010/04/new-trial-ordered-where-district-court-forced-defendant-to-represent-himself/</link>
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		<title>Appellate Counsel’s Failure to Raise a Meritorious Claim Leads to Habeas Relief</title>
		<description><![CDATA[In Ramchair v. Conway, 08-2004-pr (2d Cir. April 2, 2010), the Second Circuit found that appellate counsel&#8217;s failure to raise a claim that the trial court erred in denying a motion for a mistrial rose to the level of constitutional ineffectiveness, and that the New York Court of Appeals&#8217; decision to the contrary was an [...]]]></description>
		<link>http://www.mintzlaw.com/2010/04/appellate-counsel%e2%80%99s-failure-to-raise-a-meritorious-claim-leads-to-habeas-relief/</link>
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