United States Second Circuit

Conviction and sentences for two narcotics conspiracies are affirmed over claims that: 1) district court erred in applying 18 U.S.C. section 3290 to toll the statute of limitations during the time that defendant was purportedly a fugitive; 2) evidence was insufficient to support defendant's conviction; and 3) defendant's incarceratory sentence is based on impermissible judicial factfinding as to drug quantity and unreasonably disproportionate to that imposed on co-defendant.

Appellate Information

• Decided 05/03/2006
• Published 05/04/2006

Judges

• REENA RAGGI, Circuit Judge:, Before:  KEARSE and RAGGI, Circuit Judges, and RESTANI, Chief Judge, U.S. Court of Int'l Trade.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark Gimpel (David Zapp, on the brief), New York, New York, for Defendant-Appellant., Daniel E. Wenner, Assistant United States Attorney (David C. James, Assistant United States Attorney, on the brief), for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, New York, for Appellee.