United States Second Circuit

Conviction for obstruction of justice and other crimes is affirmed where: 1) defendants' challenge to the sufficiency of the evidence was properly rejected as their actions were within the category of conduct proscribed by 18 U.S.C. sec. 1512; and 2) the instructions to the jury did not constitute plain error and thus a new trial is not required.

Appellate Information

• Decided 08/03/2009
• Published 08/03/2009

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, POOLER, and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Edward S. Zas, Federal Defenders of New York, Inc., Appeals Bureau, New York, N.Y., for Defendant-Appellant Perez., Joseph J. Ferrante, Hauppauge, N.Y., for Defendant-Appellant Cummings., Allan Laurence Brenner, Long Beach, N.Y., for Defendant-Appellant Torres., Sarah Coyne, Asst. U.S. Atty., Brooklyn, N.Y. (Benton J. Campbell, U.S. Atty., David C. James, Robert M. Radick, Justin D. Lerer, Asst. U.S. Attys., Brooklyn, N.Y., on the brief), for Appellee.