United States Second Circuit

Defendant's convictions for racketeering, narcotics, and firearm offenses are: 1) affirmed in part, as to the racketeering and narcotics offenses, where the evidence was sufficient to permit the jury to find that defendant was a member of the marijuana distribution conspiracy, that he had discretion with respect to his choice of suppliers and his selling locations, and that he agreed to, and did, participate in the operation of the RICO marijuana distribution enterprise; 2) affirmed in part, as to the calculation of defendant's sentence, where there was no abuse of discretion in the court's consideration of either the nature of defendant's participation in the conspiracy or the quantity of marijuana attributed to him; but 3) reversed in part and remanded, as to the firearm conviction on statute of limitations grounds.

Appellate Information

• Decided 07/30/2013
• Published 07/30/2013

Judges

• KEARSE

Court

• United States Second Circuit

Counsel