U.S. v. COOK

Docket No. 12-1268.

722 F.3d 477 (2013)

UNITED STATES of America, Appellee, v. Michael COOK, Sean Herrmann, aka Vinny, Scott Power, Marcel Malachowski, aka Sealed Defendant 4, aka Memo, Selena Hopper, aka Sealed Defendant 2, aka Sealed Defendant 5, Lee Tarbell, aka Sealed Defendant 6, aka Sleeman, June Jacobs, aka Sealed Defendant 7, aka Punk, John Jacobs, aka Sealed Defendant 8, aka Wadd, Bryan Cole, aka Sealed Defendant 9, aka Buckwheat, Jacquis Harris, aka Sealed Defendant 7, aka Sealed Defendant 10, Owen Peters, aka Sealed Defendant 11, aka Weezy, Brandon Benedict, aka Sealed Defendant 12, David Herrmann, aka Sealed Defendant 13, Adam Fender, aka Sealed Defendant 14, aka The Electrician, Jonas Cavallo, aka Sealed Defendant 15, aka The Carpenter, Armande Millhouse, aka Sealed Defendant 16, aka Beatlejuice, aka Milly, Jeffrey Baroni, aka Sealed Defendant 18, Jason Tackus, aka Sealed Defendant 19, Joshua Brown, aka Sealed Defendant 20, Sean Canty, aka Sealed Defendant 21, Aaron Freyder, aka Sealed Defendant 22, Dominick Stone, aka Sealed Defendant 23, Defendants, Andrew Nourse, aka Sealed Defendant 17, aka The Jeweler, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 16, 2013.


Attorney(s) appearing for the Case

Brenda K. Sannes ( Terrence M. Kelly , on the brief) for Richard S. Hartunian , United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee.

Devin McLaughlin , Langrock Sperry & Wool, LLP, Middlebury, VT, for Defendant-Appellant.

Before: JACOBS, Chief Judge, POOLER and WESLEY, Circuit Judges.


DENNIS JACOBS, Chief Judge:

Andrew Nourse appeals from his 60-month sentence, entered in the United States District Court for the Northern District of New York (Kahn, J.), for conspiracy to distribute and possess with the intent to distribute more than a 100 kilograms of marijuana. He challenges a ruling on criminal history; but to press that argument, Nourse must overcome an appeal waiver. Although the district court expressed the terms of the waiver imperfectly...

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