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U.S. v. WHITTEN

Docket No. 07-1320-cr.

610 F.3d 168 (2010)

UNITED STATES of America, Appellee, v. Michael WHITTEN, Paris Bullock, Angel Rodriguez, also known as Ice, Jamal Brown, also known as Mal, Defendants, Ronell Wilson, also known as Rated R, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2010.

Attorney(s) appearing for the Case

Beverly Van Ness, New York, New York; Barry J. Fisher, Saratoga Springs, for Defendant-Appellant.

Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn; Morris J. Fodeman, David Bitkower (Peter A. Norling, Jason A. Jones, Zainab Ahmad, on the brief), Assistant United States Attorneys, Eastern District of New York, Brooklyn; Jeffrey B. Kahan (on the brief), United States Department of Justice Capital Case Unit, Washington, D.C., for Appellee.

Judge LIVINGSTON dissents in part in a separate opinion.

DENNIS JACOBS, Chief Judge:

Ronell Wilson murdered two undercover police detectives who were posing as gun buyers. Wilson appeals from a judgment of conviction and a sentence of death entered on March 29, 2007, in the United States District Court for the Eastern District of New York (Garaufis, J.). Wilson appeals on twelve grounds (some with subparts), among them that: the evidence was insufficient to support a finding under...

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