15-2593-cr United States v. McDade
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 28th day of September, two thousand sixteen.
PRESENT: JON O. NEWMAN, GUIDO CALABRESI, REENA RAGGI, Circuit Judges. ---------------------------------------------------------------------- UNITED STATES OF AMERICA, Appellee,
v. No. 15-2593-cr
TYSHAWN MCDADE, Defendant-Appellant,
MELKUAN SCOTT, AKA Mel, AKA Young God, AKA Young, AKA YG, ARTHUR STANLEY, AKA Wigs, AKA P, AKA Peno, JEFF ANTOINE, AKA Little Homie, RASHAWN DUBOSE, AKA Chubbs, AKA Trev, GREGORY THOMAS, AKA Quanny, AKA Jim Jim, AKEEM MANOO, AKA Keeme, RICARDO HOWE, AKA Dino, AKA Tyson, NEHELIAH BARNETT, AKA Nelly, AKA Ney, AKA Neagmiah, AKA Nehemiah, RAYMOND RIVERA, AKA White Boy, KYRIN-ROBERT JACKSON, AKA KY, TAFARIE GREEN, AKA Farie, IRIS PEREZ, AFESHA MANOO, AKA Fesha, AKA Fee, HORACE STARKS, JR., AKA Head, AKA Little Head, JAMIE COLEMAN, AKA City, ARNOLD THOMPSON, AKA B, JERROD HALL, AKA
Slime, RAQUIM SMITH, AKA Bud, AKA Butter, AKA Rakim, JAMAL HOWELL, AKA Squizzy, RASHAWN HILL, JASON WATSON, AKA Noggin, SHAQILLE BROWN, AKA Shaq, MICHAEL MORRISON, AKA Nazzie, Defendants.* ---------------------------------------------------------------------- APPEARING FOR APPELLANT: VITO A. CASTIGNOLI, Esq., Milford, Connecticut.
APPEARING FOR APPELLEE: JOHN H. DURHAM, Assistant United States Attorney (Marc H. Silverman, Assistant United States Attorney, on the brief), for Deirdre M. Daly, United States Attorney for the District of Connecticut, New Haven, Connecticut.
Appeal from a judgment of the United States District Court for the District of
Connecticut (Jeffrey A. Meyer, Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,
AND DECREED that the judgment entered on August 14, 2015, is AFFIRMED.
Defendant Tyshawn McDade stands convicted after a jury trial on substantive and
conspiratorial counts of distribution of and possession with intent to distribute cocaine
base. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A), (b)(1)(C), 846; 18 U.S.C. § 2. The jury
specifically attributed 100 grams or more of cocaine base to McDade, and the district
court sentenced him to concurrent 132-month prison terms, above his 120-to-125-month
Guidelines range. On this appeal, McDade challenges the sufficiency of the evidence
supporting his conspiracy conviction, as well as certain evidentiary rulings. We assume
the parties' familiarity with the facts and record of prior proceedings, which we reference
only as necessary to explain our decision to affirm.
* The clerk of court is directed to amend the caption as set forth