20-3521 United States v. Vanderpool
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 21st day of January, two thousand twenty-two.
PRESENT: SUSAN L. CARNEY, STEVEN J. MENASHI, MYRNA PÉREZ, Circuit Judges. _________________________________________
UNITED STATES OF AMERICA,
Appellee,
v. No. 20-3521 KERRY VANDERPOOL, AKA PAPERZ,
Defendant-Appellant,
RASHAAD CONYERS, AKA HOULE, RAMEL MATTHEWS, AKA RAH, WENDELL BELLE, AKA DELLY DELL, WILLIAM BRACEY, AKA REL, ANTHONY SCOTT, AKA TYSON, HASWANI TYSON, AKA SWANI, PAUL GILBERT, AKA TOO FLY TAY, AKA DON TAY, KAREEM LANIER, AKA BLACK, TERRANCE WILLIAMS, AKA TA, JASON MOYE, AKA TALL JAY, BRIANT LAMONT MAYNOR, AKA BINKY, AKA BRIAN MAYNOR, ANDY SEDA, AKA ANT WHITE, DAVOUN MATTHEWS, AKA JUICE, JOSEPH ANDERSON, AKA JOJO, DAVAUGHN BROOKS, AKA DAY DAY, AKA DOLLA, JOHN HUGHES, AKA PINO, JOSEPH JEFFRIES, AKA JOEY, DONOVAN REYNOLDS, AKA DONNIE G, KYLE HINES, CHANEL LEON, AKA BLACK GUMS, CHRISTOPHER MORALES, AKA YAYO, ORENZO HARRELL, AKA OEY, TYRONE GLOVER, AKA TADO, AKA TY, DAYSEAN BANNISTER, AKA DEWEY, JORGE GONZALEZ, AKA NENO, ANWAR SHEPPARD, AKA SHEP, DARRYL WHITLEY, AKA HOT, JEFFREY GERONIMO, AKA JEFF, RASCARMI GALLIMORE, AKA TANK, JAROD SLATER, AKA ROD, CHRISTOPHER IVEY, AKA LIGHT EYES, ANTHONY REDDICK, SOLOMON ALUKO, THOMAS CRUZ, AKA MANNY, MICHAEL BROWN, AKA MIGHTY, COREY CANTEEN,
Defendants. * _________________________________________
FOR APPELLANT: SAMUEL M. BRAVERMAN, Fasulo Braverman & DiMaggio, LLP, New York, NY.
FOR APPELLEE: ANDREW C. ADAMS, Assistant United States Attorney (Karl Metzner, on the brief), for Damian Williams, United States Attorney for the Southern District of New York, New York, NY.
Appeal from a judgment of the United States District Court for the Southern District of New York (Caproni, J.).
UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 1, 2020, is AFFIRMED.
In 2016, Defendant-Appellant Kerry Vanderpool pleaded guilty to one count of racketeering conspiracy, in violation of 18 U.S.C. § 1962(d) (Count One of the S8 Superseding Indictment) and one count of illegal use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (Count Fourteen of the S8 Superseding Indictment). The district court sentenced him to 84 months' imprisonment on each count, for a total term of 168 months. This cumulative sentence was within the applicable Guidelines range of 154 to 171 months,