17-3311 (L) United States v. Burden
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.
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 3rd day of January, two thousand nineteen.
Present: ROBERT D. SACK, DEBRA ANN LIVINGSTON, DENNY CHIN, Circuit Judges. _____________________________________
United States of America,
Appellee,
v. 17-3311 (L) 17-3312 (Con) Terrence Boyd, Todd Summerville, Anthony Burden, AKA Tony, AKA Mackey, Willie Prezzie, AKA Dog, AKA Prez, Anthony Buchanan, AKA Jungle, Terrence Thompson, AKA Creed, Michael Sawyer, AKA Michael Moss, Terra Nivens, AKA Stink, AKA Stinkfinger, Frank Knight, AKA Groovy, AKA Ace, Dwight Maschek, AKA Shorty, Jermaine Martin, AKA Psycho, Andre McClendon, AKA Popsicle, Michael Glenn, AKA Rockafella, Robert Jones, AKA Swinger, David L. Burden, AKA Quinten, AKA Sid, David M. Burden, AKA DMX, AKA X, Joseph Daniels, AKA Digital, Lavon Godfrey, Alvin White, AKA Uncle Lee, Andre Dawson, AKA Yup Yup, Jeffrey Fredericks, AKA JL, AKA Dahmer, Jahod Nash, AKA Hottie Jig, Mark Caldwell, AKA Lt. Sparks, Kevin Hamlette, AKA Fresh, Patrice St. Surin, AKA Patrick, AKA Watty Wat, Ernest
Eugene Weldon, AKA Gene, AKA Mean Gene, AKA Mean One, Thomas Holman, AKA Uno, Adam Sanders, AKA AD, Kendal Mullins, AKA K-Nice, Thomas Fagan, Joseph Darden, Jeffrey Lockhart, Lamont Brown, AKA L, St. Clair Burden, AKA Gowser, AKA GP, AKA Boo Boo, Cedric Burden, AKA Sid, Antonio Williams, AKA Lo Lo, Angel Cabrera, AKA Cheeks, Keith Lyons, AKA Papa Large, AKA Pops, Barney Burden, AKA Rock, AKA Buddy, AKA Buddy Rock, Demetrius Story, Leslie Wayne Carlos, AKA Cheetah,
Defendants,
Kelvin Burden, AKA Waffle, AKA Uncle, AKA Unc, Jermaine Buchanan, AKA Ski,
Defendants-Appellants. _____________________________________
For Defendants-Appellants: Elizabeth Latif, Law Offices of Elizabeth Latif PLLC, West Hartford, CT; Kenneth Caruso, White & Case LLP, New York, NY.
For Appellee: Marc H. Silverman, Sandra S. Glover, Assistant U.S. Attorneys, for John H. Durham, U.S. Attorney for the District of Connecticut, New Haven, CT.
Appeals from judgments of the United States District Court for the District of Connecticut
(Hall, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the judgments of the district court are AFFIRMED IN PART and VACATED
AND REMANDED IN PART.
This consolidated appeal involves the sentencing of Defendants-Appellants Kelvin Burden
("Burden") and Jermaine Buchanan ("Buchanan"). On October 2, 2017, Burden and Buchanan
were separately sentenced to nearly identical five-year