18-2525-cr (L) United States v. Brogdon
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 6th day of January, two thousand twenty-one.
PRESENT: JOSÉ A. CABRANES, SUSAN L. CARNEY, Circuit Judges, RICHARD K. EATON, Judge. *
UNITED STATES OF AMERICA,
Appellee, 18-2525-cr v. 19-1250-cr
AIKIAM FLOYD, aka OCK, CONELL BROGDON, aka NELLZ, aka SNELZ, aka MIDGET, aka MIDGE,
Defendants-Appellants,
SOLOMON ARTIS, AKA LIGHT, AKA SPAZ, LEONARD BARLETTO, AKA BOOTS, COURTNEY COY, AKA STYLES, PARRIS DESUZE, AKA KETCHUP, ANDRE HOLMAN, AKA DRE, DERRICK BIENAIME, AKA MILLZ, AKA CIROC BOSS, DAVON BROWN, AKA CHICO, MALIK CAMPBELL, AKA INDI, STANLEY CHERENFANT, AKA BANGER, STEVEN CHERENFANT, AKA STEVENS CHERENFANT, AKA BEANS, BRANDON
* Judge Richard K. Eaton, of the United States Court of International Trade, sitting by designation.
GREENIDGE, AKA B3, CORY HARRIS, AKA WILLIAM HARRIS, AKA C, JAMAR HARRY, AKA BRICKS 642, JEFFREY JOSEPH, SHAWN NEWLAND, AKA HELA BANDZ, SILBERT NICHOLSON, AKA RICO, ZADEK ORGIAS, AKA Z, CORDERO PASSLEY, AKA LOONEY, GABRIEL PATTERSON, STEPHON RENE, AKA SHORTY, AKA LIL BANGER, AKEEM WATSON, AKA MONKS,
Defendants.
FOR APPELLEES: ALLON LIFSHITZ (David C. James, Susan Corkery, on the brief), Assistant United States Attorneys, for Seth D. DuCharme, Acting United States Attorney, Eastern District of New York, Brooklyn, NY.
FOR DEFENDANTS-APPELLANTS: MALVINA NATHANSON, New York, NY.
BENJAMIN GRUENSTEIN, Rebecca J. Schindel, Andrea Thompson, Cravath, Swaine & Moore LLP, New York, NY.
Appeal from an August 14, 2018 judgment of conviction (Floyd) and a May 20, 2019 judgment of conviction (Brogdon) of the United States District Court for the Eastern District of New York (William F. Kuntz, Judge).
UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED as to Defendant-Appellant Aikiam Floyd ("Floyd") and AFFIRMED AND the cause REMANDED IN PART as to Defendant-Appellant Conell Brogdon ("Brogdon").
Floyd pleaded guilty to narcotics trafficking conspiracy and was sentenced to 121 months' imprisonment, three years' supervised release, and forfeiture of $1,000,000. Brogdon pleaded guilty to racketeering conspiracy, and was principally sentenced to 210 months' imprisonment, to run concurrently with two state-court sentences he was already serving for crimes that were "relevant conduct" to his federal conviction. We treat each of their appeals in turn and assume the parties' familiarity with the underlying