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U.S. v. RIVERA

Docket Nos. 94-1339(L), 94-1629.

282 F.3d 74 (2002)

UNITED STATES of America, Appellee, v. George RIVERA, Ward Johnson, Luis Gautier, Ralph Hernandez, Jamie Cuevas, Victor Briggs, Anthony Briggs, Willie Claussen, Kenroy Prentice, George Vasquez, Elizabeth Velasquez, Desiree Sidberry, Ketty Turino, Andrew Simmons, Ruben Rodriquez, John Marrero, Vicki Dowdy, Madeline Rodriquez, Mark Sanchez, Albert Delmoral, Edgardo Delmoral, Anthony Garay, Veronica Aviles, Matthew Williams, Jonathan Lane Morris, Jr., Danny Delgado, Anthony Cruz, Michael Cole, Marshall Harrison, Dennis Lynch, and Anthony Rivera, Defendants, Bob Lemon, a/k/a Robert Panton, and Walter David Cook, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 21, 2000.

Petition for Rehearing Filed August 15, 2000.

Denied February 19, 2002.

Attorney(s) appearing for the Case

Jonathan C. Scott, Melville, NY, for Defendant-Appellant.

Andrew J. Ceresney, Assistant United States Attorney (James B. Comey, United States Attorney, Southern District of New York, Baruch Weiss, Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Before: WALKER, Chief Judge, PARKER, Circuit Judge, and BUCHWALD, District Judge.

PER CURIAM.

Defendant-appellant Walter David Cook has petitioned this court for rehearing based on our summary order of June 21, 2000 affirming Cook's conviction and sentence. We deny the petition, but write to explain why Cook's sentence was not unconstitutional under the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), which was decided after our order had issued.

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