United States Second Circuit

Convictions and sentences for conspiracy, racketeering, murder, narcotics trafficking, and firearms offenses are affirmed in all respects (with one exception) over claims of sufficiency of evidence claims, the admissibility of rap video and images of tattoos posted on defendant's Facebook page, the constitutionality of certain sections of the Stored Communications Act, 18 U.S.C. sections 2702‐2703, the propriety of certain of the district court's jury instructions, and whether the rule of lenity applies to the district courtʹs sequencing of sentences on multiple firearms convictions under 18 U.S.C. section 924(c). Defendant Pierce's firearms convictions is remanded for resentencing.

Appellate Information

• Decided 05/11/2015
• Published 05/11/2015

Judges

• Chin

Court

• United States Second Circuit

Counsel