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Bruce R. Bryan

Cases

The following are samples of criminal appeals that NY criminal appeals lawyer Bruce R. Bryan has handled.

Federal Criminal Appeals

United States v. Pasquantino (United States Supreme Court held in 5/4 decision that federal wire fraud statute applied to scheme to defraud foreign governments of their right to taxes; sentence later reduced to one year and upheld by Fourth Circuit on appeal)

United States v. Laughlin (landmark environmental crime case establishing that key statute does not impose strict liability but rather requires a mens rea element [defendant must  be “aware of (his) act of disposing of a substance he knew was hazardous”] and that the substance must pose a “substantial potential hazard”)

United States v. Maslin (defendant released where conviction violated Double Jeopardy Clause because conspiracy to distribute narcotics was substantially the same as prior prosecution to distribute marijuana)

United States v. Blue (life sentence for continuing criminal enterprise vacated and remanded after appellate court held that applicable section of statute constitutes new offense and not sentencing enhancement)

New York Criminal Appeals

People v. Phippen (reversed convictions for manslaughter and criminally negligent homicide for insufficient evidence of causal connection between tire blowout and truck company owner’s failure to replace tire)

People v. Guins (dismissed indictment and suppressed evidence found in home during fire investigation; fire did not give police unlimited right to search home without a warrant even when police had probable cause to suspect that drugs were within home)

People v. Rice (dismissed indictment and suppressed evidence where warrantless search of home based on anonymous tip of unconfirmed reliability did not satisfy exigent circumstances exception)

International and Native American Law

United States v. Pasquantino (United States Supreme Court held in 5/4 decision that federal wire fraud statute applied to scheme to defraud foreign governments of their right to taxes; sentence later reduced to one year and upheld on appeal)

United States v. Pierce (conviction reversed for conspiracy to money launder in wire fraud scheme to defraud Canada of taxes on smuggled liquor across Indian Reservation where there was no evidence that Canada taxed liquor sold in the United States and imported into Canada)

United States v. Markiewicz (lead appellate counsel in landmark case on jurisdiction of federal government to prosecute intra-tribal conduct on tribal lands)

Other States

Kipping v. State of Florida (sentence reduced to time served in high-profile scheme to defraud customers of dance studios where upward departure from Florida sentencing guidelines was not legally justified)

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More