11-3737-cr

United States v. Haynes

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A

SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED

BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. 

WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY

MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE

NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A

COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 

At a stated term of the United States Court of Appeals for the Second Circuit, held at the

Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the

14 day of October, two thousand fourteen. th

PRESENT:

ROSEMARY S. POOLER,

REENA RAGGI,

PETER W. HALL,

Circuit Judges. 

_____________________________________

United States of America,

Appellee,

v. 11-3737-cr

Emerson Haynes, AKA Anthony Haynes, 

Defendant-Appellant.

____________________________________

FOR APPELLEE: Joseph J. Karaszewski, Assistant United States

Attorney for the Western District of New York

(William J. Hochul, Jr., United States Attorney, on

the brief), Buffalo, N.Y.

FOR DEFENDANT-APPELLANT: Emerson Haynes, pro se, Buffalo, N.Y.

Appeal from a judgment of the United States District Court for the Western District of
New York (Skretny, C.J.). 

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND

DECREED that the judgment of the district court is AFFIRMED.

Emerson Haynes, pro se, appeals a judgment of the United States District Court for the

Western District of New York (Skretny, C.J.) entered on September 6, 2011, following a jury

verdict, convicting him of unlawful use of premises for the purpose of manufacturing and

distributing marijuana, in violation of 21 U.S.C. § 856(a)(1), and unlawful possession of a

firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). We assume the parties’ familiarity with

the underlying facts, the procedural history of the case, and the issues on appeal.

Upon review of the record, we conclude that the district court properly denied Haynes’s

pretrial motions seeking to dismiss the indictment and to suppress evidence. Haynes based his

motions on unsupported allegations that the grand jury considered improper evidence, the

prosecution was vindictive, the Government’s conduct was “outrageous,” and his speedy trial

rights were violated. We further conclude that Haynes was not denied his right to challenge the

validity of the search warrant. The October 19, 2009 report and recommendation of the

magistrate judge reflects that his challenge to the warrant was considered and rejected. We also

find no support in the record for Haynes’s contentions that the district court acted as a “rubber

stamp” for the Government, or that the court colluded with the Government and standby counsel

to violate his rights.

With respect to Haynes’s ineffective assistance of counsel claims, those claims should be

made in the first instance to the district court. See United States v. Matos, 905 F.2d 30, 32 (2d

Cir. 1990). This Court prefers to hear ineffective assistance claims on collateral review. See

United States v. Doe, 365 F.3d 150, 152 (2d Cir. 2004). Although we may decide such claims on

direct appeal when their resolution is “beyond any doubt” or in the interest of justice, Haynes

has not made such a showing. Matos, 905 F.2d at 32 (internal quotation marks omitted).

We have considered Haynes’s remaining arguments and find them to be without merit. 

Accordingly, we AFFIRM the judgment of the district court.

FOR THE COURT: 

Catherine O’Hagan Wolfe, Clerk

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