U.S. v. BURDEN

Docket Nos. 15-1080, 15-1183 August Term, 2016.

860 F.3d 45 (2017)

UNITED STATES of America, Appellee, v. Kelvin BURDEN, aka Waffle, aka Uncle, aka Unc, Jermaine Buchanan, aka Ski, Defendants-Appellants, Terrence Boyd, Todd Summerville, Anthony Burden, aka Tony, aka Mackey, Willie Prezzie, aka Dog, aka Prez, Anthony Buchanan, aka Jungle, Terrence Thompson, aka Creed, Michael Sawyer, aka Michael Moss, Terra Nivens, aka Stink, aka Stinkfinger, Frank Knight, aka Groovy, aka Ace, Dwight Maschek, aka Shorty, Jermaine Martin, aka Psycho, Andre McClendon, aka Popsicle, Michael Glenn, aka Rockafella, Robert Jones, aka Swinger, David M. Burden, aka DMX, aka X, David L. Burden, aka Quinten, aka Sid, Joseph Daniels, aka Digital, Lavon Godfrey, Alvin White, aka Uncle Lee, Andre Dawson, aka Yup Yup, Jeffrey Fredericks, aka JL, aka Dahmer, Jahod Nash, aka Hottie Jig, Mark Caldwell, aka Lt. Sparks, Kevin Hamlette, aka Fresh, Patrice St. Surin, aka Patrick, aka Watty Wat, Ernest Eugene Weldon, aka Gene, aka Mean Gene, aka Mean One, Thomas Holman, aka Uno, Adam Sanders, aka AD, Kendal Mullins, aka K-Nice, Thomas Fagan, Joseph Darden, Jeffrey Lockhart, Lamont Brown, aka L, St. Clair Burden, aka Gowser, aka GP, aka Boo Boo, Cedric Burden, aka Sid, Antonio Williams, aka Lo Lo, Angel Cabrera, aka Cheeks, Keith Lyons, aka Papa Large, aka Pops, Barney Burden, aka Rock, aka Buddy, aka Buddy Rock, Demetrius Story, Leslie Wayne Carlos, aka Cheetah, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 19, 2017.


Attorney(s) appearing for the Case

ROBERT M. SPECTOR ( Marc H. Silverman , on the brief), Assistant United States Attorneys, for Deirdre M. Daly , United States Attorney for the District of Connecticut, New Haven, CT.

HARRY SANDICK , Patterson Belknap Webb & Tyler LLP, New York, NY, for Kelvin Burden.

MARSHA R. TAUBENHAUS , Law Offices of Marsha R. Taubenhaus, New York, NY, for Jermaine Buchanan.

Judge Kearse concurs in a separate opinion.


In 2003, a jury convicted defendants-appellants Kelvin Burden and Jermaine Buchanan of, among other things, racketeering, violent crimes in aid of racketeering, and conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base and five kilograms or more of cocaine. Both men were sentenced to life imprisonment...

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