U.S. v. MUNDY

Docket No. 06-1190-cr.

539 F.3d 154 (2008)

UNITED STATES of America, Appellee, v. Nico D. MUNDY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2008.


Attorney(s) appearing for the Case

Joseph J. Karaszewski, Assistant United States Attorney, United States Attorney's Office for the Western District of New York, Buffalo, NY, (Terrance P. Flynn, United States Attorney for the Western District of New York, on the brief), for Appellee.

Bobbi C. Sternheim, Law Offices of Bobbi C. Sternheim, New York, NY, for Defendant-Appellant.

Before KEARSE, LEVAL, CABRANES, Circuit Judges.


LEVAL, Circuit Judge:

Defendant Nico Mundy appeals from the judgment of the United States District Court for the Western District of New York (Siragusa, J.) convicting him, after trial by jury, of possession of marijuana with intent to distribute, 21 U.S.C. § 841(a), and possessing a firearm in the furtherance of a drug crime, 18 U.S.C. § 924(c). Mundy contends the court erred in refusing to instruct the jury that the attempted flight of co-defendant...

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