United States Second Circuit

In a capital case in which the jury voted not to impose the death penalty, convictions and sentences for substantive and conspiratorial counts of racketeering, drug trafficking, and the murder of a confidential informant are affirmed over challenges to: 1) the empanelment of an anonymous jury; 2) the removal for cause of certain jurors opposed to the death penalty based only on responses to a written questionnaire and without follow-up oral voir dire; 3) various evidentiary rulings; 4) the court's identification of only three RICO elements in its charge to the jury; and 5) the imposition of life sentences.

Appellate Information

• Decided 12/28/2007
• Published 12/28/2007

Judges

• REENA RAGGI, Circuit Judge:, Before:  WINTER, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David L. Lewis, Lewis & Fiore, LLP, New York, New York, for Defendant-Appellant Alan Quinones., Jean D. Barrett, Ruhnke & Barrett, Montclair, New Jersey, for Defendant-Appellant Diego B. Rodriguez., David M. Rody, Assistant United States Attorney (David B. Anders, Karl Metzner, Assistant United States Attorneys, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, New York, for Appellee.