13-2486(L) United States v. Smith
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 TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
1 At a stated term of the United States Court of Appeals for the Second Circuit, held at 2 the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, 3 on the 3rd day of March, two thousand seventeen. 5 PRESENT: 6 PIERRE N. LEVAL, 7 GUIDO CALABRESI, 8 SUSAN L. CARNEY, 9 Circuit Judges. 10 _________________________________________ 12 UNITED STATES OF AMERICA, 14 Appellee, 16 v. Nos. 13-2486(L) 17 13-3338 18 AMAR SCOTT, AKA "A", JOHN SIMMONS, JERRICK 13-3640 19 DENSON, AKA "D", ISAIAH WOODS, AKA "Izzy", 14-1073 20 LAMAR SIMMONS, AKA "Lil Daddy", JAVONNE 15-4155 21 JACKSON, AKA "Von", AKA "Dutch", DEREK TAYLOR, 22 AKA "Swiff", MICHAEL WALKER, AKA "Awol", 23 JEFFREY DENSON, AKA "Jeff", AKA "Blue", MARCUS 24 JOHNSON, AKA "Miggs", MARVIN SIMMONS, AKA "Jr", 25 AKA "Junior", CAMERON CHARLES, AKA "Cam", 26 TRAVIS HOUNSHELL, AKA "Trav", MICHAEL NESMITH, 27 JEREMIAH NETTLES, JOSEPH LOVING, HARRY 28 NESMITH, LYNNARD DAVIS, LYNNARD DAVIS, JANICE 29 SNIPES, JAY JAYQUAN WYNNE, AKA Jayquan Gerod 1 Wynne, AKA "Tipsy", TEVON HAYMON, BRANDON 2 WHEELER, AKA "Weed", 4 Defendants, 6 DEARICK SMITH, AKA "Ace", AKA "Lil D", RUSSELL 7 HAMPTON, AKA "TJ", YULANDER GREEN, AKA "L", 8 AKA "Lander", MICHAEL JACKSON, AKA "Boosum", 9 AKA "Boots", 11 Defendants-Appellants. 12 _________________________________________ 14 FOR APPELLANT SMITH: DANIEL M. PEREZ, Law Offices of Daniel 15 M. Perez, Newton, NJ. 17 FOR APPELLANT HAMPTON: TINA SCHNEIDER, Law Offices of Tina 18 Schneider, Portland, ME. 20 FOR APPELLANT GREEN: James Branden, Law Office of James 21 Branden, New York, NY. 23 FOR APPELLANT JACKSON: JEFFREY WICKS, Jeffrey Wicks, PLLC, 24 Rochester, NY. 26 FOR APPELLEE: MONICA J. RICHARDS, Assistant United 27 States Attorney, for William J. Hochul, Jr., 28 United States Attorney for the Western 29 District of New York, Buffalo, NY. 31 Appeal from judgments of the United States District Court for the Western District 32 of New York (Siragusa, J.).
33 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, 34 ADJUDGED, AND DECREED that the District Court's March 25, 2014 judgment of 35 conviction as to Michael Jackson and June 24, 2013 judgment of conviction as to Dearick 36 Smith are AFFIRMED; the appeal of Yulander Green challenging the District Court's May 37 31, 2013 judgment of conviction and sentence is DISMISSED; and the District Court's 38 August 28, 2013 judgment as to Russell Hampton is AFFIRMED in