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U.S. v. HUSSAIN

Docket No. 14-4425-cr August Term, 2015.

835 F.3d 307 (2016)

UNITED STATES of America, Appellee, v. Fahd HUSSAIN, aka Ali, aka Moe, Jermaine Dore, aka St. Kitts, aka Blaqs, Dwayne Barrett, aka Sealed Defendant 3, aka Tall Man, Taijay Todd, aka Sealed Defendant 4, aka Biggs, Tameshwar Singh, aka Sealed Defendant 5, Shea Douglas, Defendants, Damian Cunningham, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2016.

Attorney(s) appearing for the Case

JARED LENOW ( Margaret Garnett , on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, for Appellee.

IAN S. WEINSTEIN , New York, NY, ( Cathleen Benites , Ketzia Chetrite , Beatrice Collette , Danielle Rudkin , Andrew Mainardi , Christopher Ross, Legal Interns, on the brief), Lincoln Square Legal Services, Fordham University School of Law, for Defendant-Appellant.

Before: CALABRESI, LYNCH, and LOHIER, Circuit Judges.

Damian Cunningham was convicted after a jury trial of participating in a robbery conspiracy (Count One) and using and carrying firearms during and in relation to the robbery conspiracy (Count Two). During the trial, the Government introduced a gun that an officer of the New York City Police Department ("NYPD") found while...

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