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U.S. v. TURESEO

Docket No. 07-2933-cr.

566 F.3d 77 (2009)

UNITED STATES of America, Appellee, v. Juan TURESEO, also known as Daniel J. Ortega, also known as Juan Escobar, also known as Juan Victoriana Fuentes, also known as Danny Ortega Ortiz, also known as Jose Victorino Fuentes, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 14, 2009.

Attorney(s) appearing for the Case

John T. Zach and Jonathan S. Kolodner (on the brief), Assistant United States Attorneys, for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for appellee United States of America.

Malcolm Duncan, Jennifer L. Colyer, Steven M. Witzel, and Darcy M. Goddard (on the brief), Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for defendant-appellant Juan Tureseo.

Before: MINER and CABRANES, Circuit Judges, and BERMAN, District Judge.

MINER, Circuit Judge:

Defendant-appellant Juan Tureseo ("Tureseo") appeals from a June 28, 2007 judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Duffy, J.). Tureseo was convicted, following a three-day jury trial, of (1) reentering the United States after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2) ("Count One"); (2) making...

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