U.S. v. OJEDA

No. 18-1839 August Term 2019

946 F.3d 622 (2020)

UNITED STATES of America, Appellee, v. Rafael OJEDA, aka Papi, Calvin Ojeda, aka Killa, Jonathan Ojeda, aka Shorty, aka Chorty, Servando Jose Gomez, aka June, Hector Tirado, aka Hec, Travis Profit, aka Trap, Angel Sepulveda, aka A-plus, Eduardo Vasquez, aka Spider, Jason Perez, aka Santana, Trevis Bowens, aka T-money, Jhovy Dionizio, Christian Dumes, aka Gordo, Christian Ramos, aka Fatboy, Paquito Rodriguez, aka Frank, Gisette Rivera, Samuel Palmer, aka Junior, Jose Colon, Antoine Henderson, aka Will, Adriel Ponce, aka A., Christopher Richardson, aka C., Robert Matos, aka Rob, aka Smooth Baller, Dariel Alvarez, aka Dynasty, aka D., Louis Davila, aka Bam, aka Bam Bam, Wilbert Lewis, aka Lil Bill, aka Lb., Jay Capodiferro, Defendants, Dwight Anderson, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2020.


Attorney(s) appearing for the Case

ROBERT A. CULP , Garrison, NY, for Defendant-Appellant Dwight Anderson.

GEOFFREY S. BERMAN , United States Attorney for the Southern District of New York ( Anden Chow , Samson Enzer , Jared Lenow , Daniel B. Tehrani , on the brief), for Appellee United States of America.

Before: JACOBS, SACK, HALL, Circuit Judges.


When Dwight Anderson was sentenced to 120 months for federal drug offenses, the United States District Court for the Southern District of New York (Daniels, J.) "recommend[ed]" to the Bureau of Prisons that Anderson's federal sentence run concurrently with a yet-to-be-imposed state sentence for...

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