UNITED STATES v. WAITE

No. 18-2651 August Term 2020.

12 F.4th 204 (2021)

UNITED STATES of America, Appellee, v. Selbourne WAITE, Defendant-appellant, Hibah Lee, Mark Gabriel, Bobby Moore, Jr., Andre Davidson, Bobby Saunders, Carmen Moore, Tyrone Moore, Hisan Lee, Delroy Lee, Robert Morrison, Dakwan Edwards, Marquish Jones, Mark Hart, Raheem Tucker, Demetri Young, Christopher Diaz, Anthony Michael Diaz, Paul Love, Aaron Birch, Kevin Beckford, Jermell Falzone, Levar Gayle, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2021.


Attorney(s) appearing for the Case

Michelle Anderson Barth , The Law Office of Michelle Anderson Barth, Burlington, VT, for Defendant-Appellant.

Andrew Chan ( Thomas McKay , on the brief), Assistant United States Attorneys, for Audrey Strauss , United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: Cabranes, Raggi, and Sullivan, Circuit Judges.


Defendant-Appellant Selbourne Waite appeals from his conviction and sentence based in part on four counts of using a firearm in furtherance of crimes of violence — specifically, actual and attempted Hobbs Act robbery (and aiding and abetting the same) — in violation of 18 U.S.C. §§ 924...

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