LOHIER, Circuit Judge: This appeal raises the issue of whether a non-assignable annuity contract that provides the spouse of an institutionalized person with monthly payments counts as an excess resource that must be spent down before the institutionalized person can receive Medicaid benefits under the Medicare Catastrophic Coverage Act of 1988 ("MCCA"). Before the United States District Court for the District of Connecticut (Hall, J. ), Amelia Lopes ("Lopes"), attorney-in-fact for her...
PER CURIAM: Defendant-Appellant Richard R. Dugan appeals from a judgment of conviction entered on November 3, 2010, by the United States District Court for the Southern District of New York (Sweet, J. ), following a bench trial. The district court found Dugan guilty of physically obstructing access to a reproductive services facility in violation of the Freedom of Access to Clinic Entrances Act ("FACE Act"), 18 U.S.C. 248. On appeal, Dugan contends, inter alia, that he was entitled to...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on November 5, 2010, is AFFIRMED. Plaintiff James Virgil appeals from a judgment on the pleadings entered in favor of defendants the Town of Gates, Police Chief David DiCaro, Police Officer Joshua Bowman (collectively, the "Town Defendants"), and defendants Monroe County, District Attorney Michael Green, and Assistant District Attorney Kristina Karle (collectively, the "County...
SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED in part, REVERSED in part, and REMANDED solely for the entry of an order dismissing the state law claims without prejudice. Plaintiffs-appellants TPTCC NY, Inc., The Proton Institute of NY, LLC, and NY Medscan LLC appeal from the May 17, 2011 judgment of the District Court dismissing their federal claims under the Sherman Act, 15 U.S.C. 1 and 2,...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on November 15, 2010, is AFFIRMED. Defendant Meeradai Hiralall, who was sentenced to 24 months' imprisonment, three years' supervised release, and $1,435,307.11 in restitution for her commission of food stamp fraud, see 7 U.S.C. 2024(c), challenges the restitution component of her judgment on the grounds that (1) her fraudulent conduct did not cause the United States any loss, and (...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 19, 2010, is REVERSED and the case is REMANDED for further proceedings consistent with this order. Plaintiffs, the New Orleans Employees Retirement System, Millwright Regional Council of Ontario Pension Trust Fund, Carpenter's Local 27 Benefit Trust Fund, and the Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund, appeal the dismissal of their putative...
WESLEY, Circuit Judge: I. A. Carlos Garcia was born in the Dominican Republic on December 24, 1978. His family immigrated to the United States in 1984, and shortly thereafter, he became a lawful permanent resident. When Garcia's family arrived in the United States, they resided on West 107th Street in Manhattan. In 1988, while his family was vacationing in the Dominican Republic, his mother divorced his father in a Dominican court. The divorce decree purported to grant Garcia's mother "...
SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court dated April 30, 2010, be and hereby is AFFIRMED. Plaintiff Joseph Carroll appeals from a judgment of the United States District Court for the Southern District of New York (Seibel, J. ), dismissing his complaint against the City of Mount Vernon (the "City"), the City of Mount Vernon Fire Department (the "Fire Department"), and Ernest D. Davis, a former mayor of...
SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED. Plaintiff-Appellant Ryan J. Priel appeals from a judgment of the United States District Court for the Western District of New York (Telesca, J. ) entered on January 19, 2010, affirming the determination by an Administrative Law Judge ("ALJ") that Priel was not disabled and was therefore ineligible for Disabled Adult Child and...
SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court is AFFIRMED. Defendant-Appellant Clyde Hall appeals from a judgment of conviction of the United States District Court for the Southern District of New York (Sullivan, J. ), entered on October 27, 2010, following a guilty plea to one count of conspiracy to commit wire fraud, five counts of wire fraud, and one count of conspiracy to commit bankruptcy fraud, and...
SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED. Defendant-Appellant Everette Toole ("E. Toole") appeals from a judgment of conviction entered on September 22, 2010, and Defendant-Appellant Algernon Toole ("A. Toole") appeals from a judgment of conviction entered on October 19, 2010, by the United States District Court for the Western District of New York (Larimer, J. ), following a jury trial. A....
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on September 3, 2010, is AFFIRMED. Joe D. Green, who stands convicted after a guilty plea to bank fraud conspiracy, see 18 U.S.C. 1344, 1349, appeals his 120-month prison sentence as procedurally and substantively unreasonable. Our reasonableness review proceeds under a "`deferential abuse-of-discretion standard.'" United States v. Cavera , 550 F.3d 180 , 189 (2d Cir. 2008) ( en...
PER CURIAM: Proceeding pro se, Sean Stewart Macpherson appeals from a judgment of the United States District Court for the District of Connecticut (Thompson, J.), dismissing his state common law tort claims against JPMorgan Chase Bank, N.A. Because we agree that the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681t(b)(1)(F), preempts Macpherson's state law claims against Chase, we affirm the district court's judgment. Macpherson alleges that Chase willfully and maliciously provided...
SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. The United States appeals from a November 29, 2010 order of the United States District Court for the District of Connecticut (Underhill, J. ) sua sponte reducing Defendant-Appellee Anthony Swint's term of incarceration from 132 months to 105 months under 18 U.S.C. 3582(c)(2) based on retroactive amendments to the United States Sentencing Guidelines (the...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on January 3, 2011, is AFFIRMED. Pro se plaintiff Troy Alexander appeals from the district court's judgment dismissing his claims against defendants City of Syracuse (the "City"), Steven Stonecypher, County of Onondaga (the "County"), Kari A. Armstrong, and Tateaka Lewis. Alexander's 42 U.S.C. 1983 and state law claims alleging false imprisonment, abuse of process, malicious...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Christen Sveaas appeals from the district court's dismissal of his complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Sveaas v. Christie's, Inc., No. 10 Civ 4263 (LTS), 2011 U.S. Dist. LEXIS 49118 (S.D.N.Y. Apr. 20, 2011). We assume the parties' familiarity with the underlying facts and procedural history...
SUMMARY ORDER UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Aidong Dong, a native and citizen of the People's Republic of China, seeks review of a March 11, 2011 order of the BIA, affirming the July 15, 2009 decision of Immigration Judge ("IJ") Steven R. Abrams, which denied Dong's application for asylum, withholding of removal, and relief under the...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on November 17, 2010, is AFFIRMED. Defendant Edmund Boyle appeals from a conviction entered after a jury trial at which he was found guilty of racketeering conspiracy in violation of 18 U.S.C. 1962(d) ("RICO"). Boyle's only argument on appeal is that the district court erred in denying his Fed. R. Crim. P. 33 motion for a new trial on the ground of double jeopardy in light of a prior...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 5, 2010, is AFFIRMED. Defendant Gregory Jackson, who pleaded guilty to conspiracy to possess with intent to distribute 50 grams or more of crack cocaine, see 21 U.S.C. 841(a)(1), 846, appeals his 168-month prison sentence, a variance from his undisputed Guidelines range of 210 to 262 months, as both procedurally and substantively unreasonable. We review the challenged...
PAUL A. CROTTY, District Judge. Appellants seek declaratory and injunctive relief, alleging that recently-enacted amendments to the New York City Administrative Code, commonly known as the "pay-to-play" rules, violate the First Amendment to the U.S. Constitution by unduly burdening protected political speech and association, the Fourteenth Amendment by denying equal protection of the laws, and the Voting Rights Act, 42 U.S.C. 1973. 3 The challenged provisions (1) reduce below the generally-...
