U.S. v. Huggins
Dec 19, 2016OUTCOME: Voided 10-year fraud sentence, improperly enhanced for phantom fiduciary role and bilking financial institution.
2d U.S. Circuit Court of Appeals
PRO
Marc A Fernich's Legal Cases (13)
New York, NY
Criminal defense Lawyer at New York, NY
Practice Areas: Criminal Defense, Appeals, Litigation
U.S. v. Levine (Sclafani)
Aug 08, 2016OUTCOME: Toppled 14-year drug sentence due to shoddy lawyering, cutting it by more than four years, to under 10.
U.S. District Court, Eastern District NY (Brooklyn)
Alcantara v. Hollingsworth
May 05, 2016OUTCOME: Advanced by eight years release date for inmate serving combined 24-year drug term, due to legal errors and miscalculations by federal Bureau of Prisons in implementing sentences imposed.
U.S. District Court, N.J.
US v. DiMattina
Jul 01, 2014OUTCOME: Federal jury conviction for extortion reversed and indictment dismissed, on rare government confession of legal error, for failure to prove defendant "obtained" property as US Supreme Court construes the term.
2nd U.S. Circuit Court of Appeals
People v. Cortez
Jan 21, 2014OUTCOME: Convinced three of six presiding judges to endorse new statewide protocols for eliciting informed client waivers of attorney interest conflicts, analyzing evidentiary admissibility of evil thoughts spurring no physical action.
N.Y. Court of Appeals
US v. Haynes
Sep 05, 2013OUTCOME: International drug smuggling conviction and 16-year sentence upset for combination of errors making trial unfair
2nd U.S. Circuit Court of Appeals
US v. Gupta
Nov 08, 2012OUTCOME: Immigration fraud conviction reversed, after rare argument before all 15 or so active judges, due to improper courtroom closure during jury selection
2nd U.S. Circuit Court of Appeals
US v. Mahaffy
Aug 02, 2012OUTCOME: Stock fraud convictions reversed, after two lengthy trials, for suppression of exculpatory evidence and erroneous jury instruction on honest services fraud
2nd U.S. Circuit Court of Appeals
US v. Cain
Jan 31, 2012OUTCOME: Conspiracy and substantive RICO convictions reversed, after six week, multidefendant jury trial, for plainly erroneous jury instruction on statute's pattern of racketeering element
2nd U.S. Circuit Court of Appeals
Dragonetti v. Terrell
Jul 11, 2011OUTCOME: Habeas writ granted restoring good time credit and ordering petitioner's release from federal custody after he was wrongly classified as an escapee due to intervening arrest
U.S. District Court, Eastern District NY (Brooklyn)