United States v. Michael Galante, 128 F.3d 788 (2d Cir. 1997). · Go Syfert
United States v. Michael Galante, 128 F.3d 788 (2d Cir. 1997). Cases Citing This Book View Copy Cite
12 citation events (7 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Darnley Faria (ca2, 1998-12-03)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Darnley Faria
2d Cir. · 1998 · confidence medium
Significantly, in denying the government’s suggestion for a rehearing in banc in Ga-lante, we clearly stated that we “regard[ed] the panel decision as limited to its precise facts and not an invitation to district judges to depart downward in the absence of truly exceptional family circumstances.” United States v. Galante, 128 F.3d 788, 788 (2d Cir.1997) (in banc) (per curiam).
discussed Cited "see" Wilson v. McConnell
S.D.N.Y. · 2007 · signal: see · confidence high
See Earth Pledge Foundation, 128 F.3d 788 (2d Cir.1997), aff'g 988 F.Supp. 623, 628 (S.D.N.Y.1996) (“[P]ublic disclosure in the Senate Report of some of the information requested by plaintiffs does not undermine [the CIA’s] justification for refusing to confirm or deny the existence of this information.”); Fitzgibbon, 911 F.2d at 766 (holding that the CIA could refuse to disclose classified information even though the information was already reported in a congressional committee report); Salisbury v. United States, 690 F.2d 966, 971 (D.C.Cir.1982) (finding that disclosure of intelligence…
discussed Cited "see" United States v. Carlos Carrasco
2d Cir. · 2002 · signal: see · confidence high
See United States v. Galante, 128 F.3d 788, 788 (2d Cir.1997) (in banc) (limiting departure authority to “truly exceptional family circumstances”); United States v. Alba, 933 F.2d 1117, 1122 (2d Cir.1991) (departure upheld for defendant who worked two jobs to support his wife, two children, grandmother, and a disabled father who depended on defendant to get in and out of wheelchair); United States v. Johnson, 964 F.2d 124, 129 (2d Cir.1992) (departure upheld for defendant who was solely responsible for the upbringing of four young children, including an infant).
discussed Cited "see, e.g." United States v. DeRoover
E.D.N.Y · 1999 · signal: see, e.g. · confidence low
See e.g., United States v. Galante, 111 F.3d 1029 (2nd Cir.), reh’g en banc denied, 128 F.3d 788 (2d Cir.1997)(approving a district court’s thirteen-level downward departure for a defendant with two young children, ages eight and nine, who was a caregiver and the primary earned for family); United States v. Johnson, 964 F.2d 124 (2nd Cir.1992)(approving a 13-level downward departure for a defendant who had sole responsibility for raising four young children ranging in ages from five months to six years).
Retrieving the full opinion text from the archive…
United States
v.
Michael Galante
831.
Court of Appeals for the Second Circuit.
Nov 5, 1997.
128 F.3d 788
Published

128 F.3d 788

UNITED STATES of America, Appellant,
v.
Michael GALANTE, Defendant-Appellee.

No. 831, Docket 96-1464.

United States Court of Appeals,
Second Circuit.

Nov. 5, 1997.

Suggestion for a rehearing in banc of an appeal from a judgment of the United States District Court for the Southern District of New York; Lawrence M. McKenna, Judge.

Mary Jo White, U.S. Atty. for the Southern District of New York City, Guy Petrillo, Asst. U.S. Atty., and Daniel C. Becker, Asst. U.S. Atty., for Appellant.

Before: WINTER, Chief Judge, KEARSE, WALKER, McLAUGHLIN, JACOBS, LEVAL, CALABRESI, CABRANES, and PARKER, Circuit Judges.

PER CURIAM:

1

Upon consideration by the active judges of the appellant's suggestion for a rehearing in banc, the suggestion is denied; the court regards the panel decision as limited to its precise facts and not an invitation to district judges to depart downward in the absence of truly exceptional family circumstances.