Rad v. Attorney General United States

Docket Number19-1404
Decision Date21 December 2020
In 2012, Rad and others were charged with acquiring penny stocks, “pumping” the prices of those stocks by bombarding investors with misleading spam emails, and then “dumping” their shares at a profit. Rad was convicted of conspiring to commit false header spamming and false domain name spamming under the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), 15 U.S.C. 7701(a)(2), which addresses unsolicited commercial email. The PSR recommended raising Rad’s offense level to reflect the losses inflicted...

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16 cases
  • Liquid Labs LLC v. U.S. Food & Drug Admin.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 27 Octubre 2022
    ...the agency's determination"). Concomitantly, we "judge the agency's decision ‘solely by the grounds [it] invoked.’ " Rad v. Att'y Gen., 983 F.3d 651, 656 (3d Cir. 2020) (quoting SEC v. Chenery Corp., 332 U.S. 194, 196, 67 S.Ct. 1760, 91 L.Ed. 1995 (1947) ) (alteration in original).To the ex......
  • Riolo v. United States
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 29 Junio 2022
    ...limitation into the language of the guideline."), superseded by regulation on other grounds as stated in , Rad v. Att'y Gen. United States , 983 F.3d 651, 668 n.13 (3d Cir. 2020) ; United States v. Collins , 361 F.3d 343, 348 (7th Cir. 2004) ("[W]hen it walks and talks like a financial inst......
  • Ishmael v. Attorney Gen.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 15 Mayo 2023
    ... ...           ... Before: AMBRO, [*] PORTER, and FREEMAN, Circuit Judges ...           ... OPINION ...           AMBRO, ... Circuit Judge ...          Ishmael ... Kosh [ 1 ] ... petitions us to review the order from the Board of ... Immigration Appeals ("BIA") that terminated his ... asylum status and denied his applications for withholding of ... removal and protection under the Convention Against Torture ... He maintains that the Department of Homeland ... ...
  • Rad v. United States
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 19 Febrero 2021
    ...of Rad's non-certified claims. 7. By this motion, Rad seeks to assert a claim that he has been rendered innocent by Rad v. Attorney General, 983 F.3d 651 (3d Cir. 2020), in which we recently addressed the immigration consequences of his convictions. We could construe Rad's motion as an appl......
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1 books & journal articles
  • False statements and false claims
    • United States
    • American Criminal Law Review No. 60-3, July 2023
    • 1 Julio 2023
    ...itself was created as a vehicle for the fraud), superseded by regulation on other grounds as stated in , Rad v. Att’y Gen. United States, 983 F.3d 651, 668 n.13 (3d Cir. 2020); United States v. Miles, 360 F.3d 472, 481 (5th Cir. 2004) (holding Medicare is not a “f‌inancial institution” for ......