United States v. Bramer
| Docket Number | 18-3782 |
| Decision Date | 16 April 2020 |
The Second Circuit reversed the district court's denial of defendant's Rule 29 motion for judgment of acquittal. On appeal, defendant argued that the government failed to prove that the protective order to which he was subject—the basis for the charged false statement on the Form 4473—meets the requirements of an order defined in 18 U.S.C. 922(g)(8)
The court held that there was insufficient evidence that defendant had been issued a protective order "after a hearing" in which he had "an...
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14 cases
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United States v. Capers
...the evidence would require reversal of the challenged convictions and entry of a judgment of acquittal, see , e.g. , United States v. Bramer , 956 F.3d 91, 99 (2d Cir. 2020), while a finding of instructional error would require only vacatur of the conviction and a remand for a new trial, se......
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United States v. Kaspereit
...hearing as a chance to raise an objection, even if the defendant agrees to the order or does not otherwise object.6 United States v. Bramer, 956 F.3d 91, 98–99 (2d Cir. 2020). This standard satisfies, but does not expand, the statute's plain meaning. Here, the state court imposed an ex part......
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United States v. Boyd
...was permitted to interpose objections or make an argument as to why an order of protection should not be imposed." United States v. Bramer , 956 F.3d 91, 98 (2d Cir. 2020) ; see also Kaspereit , 994 F.3d at 1212 ("The government satisfies its burden if it presents legally sufficient evidenc......
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United States v. Robinson
...if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Bramer, 956 F.3d 91, 96 (2d Cir. 2020); see also United States v. Alcius, 952 F.3d 83, 86 (2d Cir. 2020), cert. denied, 141 S. Ct. 296 (2020) ("A defendant bears a......
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