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U.S. v. GOMEZ

Docket Nos. 06-5319-cr (L), 06-5690-cr (XAP), 06-5697-cr (CON).

580 F.3d 94 (2009)

UNITED STATES of America, Appellee-Cross-Appellant, v. Arceny GOMEZ, Defendant-Appellant-Cross-Appellee, Danny Reyes, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2009.

Attorney(s) appearing for the Case

Laurie A. Korenbaum, Assistant United States Attorney for the Southern District of New York (Michael J. Garcia, United States Attorney, on the brief, Katherine Polk Failla, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee-Cross-Appellant.

John F. Kaley, Doar Rieck Kaley & Mack, New York, NY, for Defendant-Appellant-Cross-Appellee.

Patrick J. Joyce, New York, NY, for Defendant-Appellee.

Before: WINTER and HALL, Circuit Judges.

WINTER, Circuit Judge:

Arceny Gomez appeals from his conviction by a jury after a trial before Judge McKenna. He, along with Danny Reyes, who did not appeal but whose sentence is a subject of the government's cross-appeal,1 was convicted of: (i) conspiring to commit a Hobbs Act robbery in violation of 18 U.S.C. § 1951(a); (ii) committing a Hobbs Act robbery (or aiding and abetting thereof) in violation of 18 U.S.C. § 1951(a)...

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