William J. Nardini

U.S. Court of Appeals for the Second Circuit circuit Appointed by Donald Trump (Republican) 28 signed orders read

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Rosa
17-2004-cr · 2020-04-17
Appeal (appellant (defendant Gilberto Rosa)) Granted

“We conclude that Rosa's sentence is procedurally unreasonable because the district court failed to state its reasons for the sentence imposed as required by 18 U.S.C. § 3553(c). We therefore REMAND the case to the district court to conduct a resentencing.”

United States v. Holloway
19-1035-cr · 2020-04-24
Appeal (appellant (defendant Jason Holloway)) Granted

“Because we hold that Holloway was eligible for relief under the plain language of the Act, we VACATE the order denying the motion and REMAND for further proceedings consistent with this opinion.”

United States v. Moore
19-1390-cr · 2020-09-15
Appeal (appellant (defendant Jonathan T. Moore)) Denied

“We therefore AFFIRM the decision of the district court.”

McCloud v. United States
19-4184-pr · 2021-02-09
Appeal (appellant (petitioner Wiley McCloud)) Denied

“We conclude that an intervening development in case law does not constitute a newly discovered “fact” within the meaning of § 2255(f)(4). We therefore AFFIRM the decision of the district court.”

United States v. Gilliam
20-1180 · 2021-05-07
Appeal (appellant (defendant Richard Gilliam, pro se)) Denied

“We hold that Gilliam is ineligible for a sentence reduction because his offense of conviction, drug-related murder in violation of 21 U.S.C. § 848(e)(1)(A), is not a “covered offense” under the First Step Act. Thus, we AFFIRM the order below.”

United States v. Dawkins
19-3623 · 2021-06-04
Appeal (appellants (defendants Christian Dawkins and Merl Code)) Denied

“In 18 U.S.C. § 666, Congress used broad terms to prohibit bribery in relation to federally funded programs. ... AFFIRMED.”

United States v. Fleming
20-1776-cr · 2021-07-14
Appeal (movant (appointed counsel seeking to withdraw); the Government (seeking summary affirmance)) Moot / procedural

“Because Cassidy's motion complied with the requirements of Rule 27, we GRANT her motion to withdraw as Fleming's counsel. In addition, the Government moves for summary affirmance of the district court's decision on the grounds that Fleming's motion presents no non-frivolous issues on appeal. We disagree, and therefore DENY the Government's motion for summary affirmance.”

United States v. McCray
20-2545 · 2021-07-29
Appeal (appellant (defendant Torri McCray)) Denied

“We find no merit in any of these claims. AFFIRMED.”

Juras v. Garland
19-3001 · 2021-12-17
Petition for review (petitioner (Bartlomiej Juras)) Granted in part

“We hold that we lack jurisdiction to review both the agency's decision to allow Juras to withdraw his application and to deny Juras's motion to reopen, and accordingly DISMISS the petitions insofar as they challenge those decisions. However, ... we GRANT the petition for review in 19-3001 in part and REMAND the case to the Board of Immigration Appeals to clarify what, if any, preclusive effect the Immigration Judge's inadmissibility finding ... would be given in subsequent immigration proceedings.”

Murray v. Noeth
20-3136-pr · 2022-04-26
Appeal (appellant (petitioner Kareem Murray)) Denied

“Likewise, any procedural error by the state court in following the three-step Batson framework would not, without more, constitute a violation of a federal constitutional right. We therefore AFFIRM the district court's judgment.”

United States v. Chappelle
20-3835 · 2022-07-21
Appeal (appellant (the Government)) Denied

“Applying the categorical approach, we now hold—joining the seven other Courts of Appeals that have considered the issue—that Hobbs Act robbery is not categorically a “crime of violence” under § 4B1.2(a) because it can apply to violence against property, not just against people. Accordingly, we AFFIRM the judgment of the United States District Court for the Southern District of New York.”

Pinel-Gomez v. Garland
19-3124-ag · 2022-11-02
Petition for review (petitioner (Mauricio Dagoberto Pinel-Gomez)) Denied

“Because we conclude that the BIA here properly applied these standards of review, we DENY the petition for review.”

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