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United States v. Posr

Citation: 300 F. App'x 43Docket: Nos. 07-0970-cr (L), 07-0972-cr (Con), 07-2145-cr (Con)

Court: Court of Appeals for the Second Circuit; November 11, 2008; Federal Appellate Court

Narrative Opinion Summary

In this appellate case, the appellant contested three decisions related to his criminal proceedings. Initially, the appellant was remanded to custody following the revocation of his bond. Subsequently, he was convicted of criminal contempt and sentenced to 21 days' imprisonment. Additionally, the appellant received a 344-day sentence for misdemeanor assault of a federal officer under 18 U.S.C. § 111(a)(1). The case involved several legal challenges, including the constitutionality of the Federal Magistrates Act, the authority of the Magistrate Judge to vacate sentences, and the jurisdiction of the District Court. The appellant further raised issues regarding the Double Jeopardy Clause, the accuracy of jury instructions under 18 U.S.C. § 1114, the sufficiency of the complaint and information, and alleged erroneous evidentiary rulings. Upon review, the appellate court found no merit in any of these arguments and affirmed the decisions of the District Court, resulting in the affirmation of the appellant's convictions and sentences.

Legal Issues Addressed

Authority of Magistrate Judges

Application: The appellant asserted that the Magistrate Judge lacked authority to vacate his sentence; the appellate court upheld the authority of the Magistrate Judge.

Reasoning: Posr raises several arguments on appeal, including claims that: ... (2) Magistrate Judge Frank Maas lacked the authority to vacate his sentence.

Constitutionality of the Federal Magistrates Act

Application: The appellant challenged the Federal Magistrates Act on constitutional grounds, but the appellate court found no merit in this claim.

Reasoning: Posr raises several arguments on appeal, including claims that: (1) the Federal Magistrates Act is unconstitutional.

Double Jeopardy Clause

Application: The appellant claimed his conviction violated the Double Jeopardy Clause; the appellate court found this contention without merit.

Reasoning: Posr raises several arguments on appeal, including claims that: ... (4) his conviction violated the Double Jeopardy Clause.

Evidentiary Rulings

Application: The appellant asserted that there were erroneous evidentiary rulings by the District Court; the appellate court found no error in the evidentiary rulings.

Reasoning: Posr raises several arguments on appeal, including claims that: ... (7) there were erroneous evidentiary rulings by the District Court.

Jurisdiction of District Courts

Application: The appellant contended that the District Judge lacked jurisdiction over his trial, but the appellate court affirmed the jurisdiction as proper.

Reasoning: Posr raises several arguments on appeal, including claims that: ... (3) District Judge Lewis A. Kaplan lacked jurisdiction over his trial.

Jury Instructions and Statutory Interpretation

Application: The appellant argued that the jury instruction concerning 'employed to assist' was erroneous; the appellate court upheld the instruction as proper.

Reasoning: Posr raises several arguments on appeal, including claims that: ... (5) the jury instruction regarding 'employed to assist' in 18 U.S.C. § 1114 was erroneous.

Sufficiency of Complaint and Information

Application: The appellant challenged the sufficiency of the complaint and information, but the appellate court found these documents adequate.

Reasoning: Posr raises several arguments on appeal, including claims that: ... (6) the complaint and information were insufficient.