U.S. Court of Appeals for the Second Circuit Case Summaries: June 4,

Daily Record (Rochester, NY), Jun 4, 2008

U.S. Court of Appeals for the Second Circuit

Immigration

'Res Judicata'

Channer v. Department of Homeland Security

06-0120-pr

Appealed from the District of Connecticut

Background: The petitioner, a native of Jamaica, contends the principles of res judicata bar the Department of Homeland Security from relitigating his removal based on a claim of removability due to a state conviction that could have been raised in his previous removal proceeding. The issue became relevant when the petitioner's federal conviction was overturned. The petitioner was convicted of aggravated felonies, including robbery and a firearms offense, making him removable.

Ruling: DHS is not barred because the petitioner's second suit does not involve the same claim or nucleus of operative fact as the first. DHS was not required to lodge all deportation charges against the petitioner in a single proceeding.

George G. Kouros of Sheehan & Reeve for the petitioner and Sandra S. Glover, assistant U.S. attorney, for the respondent

Sentencing Cooperation

U.S. v. Habbas

05-6142-cr

Appealed from the Eastern District of New York

Background: The defendant was convicted of obstructing a grand jury investigation and making false statements to government officials. Charges were based on the defendant's participation in a conspiracy to frame another person, falsely accusing him of an assault which the defendant and co-conspirators staged. The victim testified against a co-conspirator in another proceeding. Among several contentions on appeal, the defendant argues the trial court erred in refusing to depart downward in his sentence for cooperation with the government during the prosecution. The government submitted a motion detailing the substantial assistance Habbas provided. The district court declined to depart below the guidelines.

Ruling: The 27-month sentence imposed was within the guidelines and the defendant received sufficient credit for his cooperation, which resulted in a substantially lower sentence than he otherwise would have received. There was no error or abuse of discretion. The district court's judgment and sentence is affirmed.

Barry S. Turner for the appellant, and Roger Burlingame, assistant U.S. attorney, for the appellee.