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UNITED STATES v. GAHAGEN

No. 20-778 August Term, 2021.

44 F.4th 99 (2022)

UNITED STATES of America, Appellee, v. Ovell GAHAGEN, aka O, Quincy Homere, aka Q, Marcus Wells, Vincent Bifolco, Jayshant Rose, aka Dred, Defendants, Anael Sainfil, aka M, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 10, 2022.

Attorney(s) appearing for the Case

Mark Misorek ( Kevin Trowel , on the brief), Assistant United States Attorneys, on behalf of Breon Peace , United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.

Michael Rayfield ( Nicolas E. Rodriguez , on the brief), Mayer Brown LLP, New York, NY, for Defendant-Appellant.

Judge Jacobs concurs in part and dissents in part in a separate opinion.

A jury convicted defendant Anael Sainfil of armed bank robbery and related offenses in connection with the November 2015 robbery of a Wells Fargo Bank in Hempstead, New York. Sainfil moved for a judgment of acquittal under Rule 29 and a new trial under Rule 33 of the Federal...

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