U.S. v. CANADY

No. 2003, Docket 96-2402.

126 F.3d 352 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus CANADY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 24, 1997.


Attorney(s) appearing for the Case

Edward S. Zas, Henriette D. Hoffman, Legal Aid Society, Federal Defender Division, New York City, for Defendant-Appellant.

Christopher V. Taffe, Assistant United States Attorney, Western District of New York, Rochester, NY (Patrick H. NeMoyer, United States Attorney, Western District of New York, Rochester, NY), for Plaintiff-Appellee.

Before: WALKER, McLAUGHLIN and PARKER, Circuit Judges.


JOHN M. WALKER, Jr., Circuit Judge:

Marcus Canady appeals from an order of the United States District Court for the Western District of New York (David G. Larimer, District Judge) that denied his 28 U.S.C. § 2255 motion to vacate his conviction. On appeal, Canady raises two challenges to his conviction: (1) the evidence was insufficient to sustain Canady's conviction on the firearm count; and (2) at the conclusion of the non-jury trial, the district court...

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