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Case 3:00-cr-00263-JCH Document 1758-2 Fi|ed‘O7/2€@
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1 - UNITED STATES COURT OF APPEALS 616 (N N
2 FOR THE SECOND CIRCUIT
3 N
4 ORDER N
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6 At a stated term of the United States Court of Appeals for
7 the Second Circuit, held at the Thurgood Marshall United States N
8 Courthouse, at Foley Square, in the City of New York, on the /3t—
9 day of July,two thousand and five.
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ll PRESENT: jj ?._Q’ -Zf_s¢‘ S ` 7~§_ -4 N
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13 Hon. John M. Walker, Jr., NQ, _“H 18 gm; NNN N
14 N Inli NSF; N
15 Hon. Pierre N. Leval, _ e`-· kg—;h,¤j$? ' _ Q
16 Hon. Robert A. Katzmann, `—Ej£5&@l;§2 Q Q N
17 Circuit Judges . "`M-R <’\U§ 3. N
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19 —-——-----—-————--—----——————--———-—----—-—-——-------- X E · { , 9, g
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2l UNITED STATES OF AMERICA, &;;»N EE
22 Appellee, EK gi Q 3
23 E4-. _ H E
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25 No. 02—1148(L), 03—1014(<§; N)? R
26 O3—1408(CON)
2 7 N]
28 KELVIN BURDEN, also known as Waffle, also known as Uncle, also
29 known as Unc, DAVID 4 BURDEN, also known as DMX, also known as X,
30 ANTHONY BURDEN, also known as Mackey, also known as Tony, WILLIE
31 PREZZIE, also known as Prez, also known as Dog, ANTHONY BUCHANAN,
32 also known as Jungle, TERRENCE THOMPSON, also known as Creed,
33 MICHAEL SAWYER, also known as Michael Moss, TERRA NIVENS, also 1
34 known as Stink, also known as Stinkfinger, FRANK KNIGHT, also
35 known as Ace, also known as Groovy, DWIGHT MASCHECK, also known
36 as Shorty, JERMAINE MARTIN, also known as Psycho, ANDRE _
37 MCCLENDON, also known as Popsicle, MICHAEL GLENN, also known as N
38 Rockafella, DAVID 17 BURDEN, also known as Quinten, also known as N
39 Sid, JOSEPH DANIELS, also known as Digital, LAVON GODFREY, ALVIN N
40 WHITE, also known as Uncle Lee, ANDRE DAWSON, also known as Yup
4l Yup, JAHOD NASH, also known as Hottie Jig, JEFFREY FREDERICKS,
42 also known as JL, also known as Dahmer, MARK CALDWELL, also known
43 as Sparks, KEVIN HAMLETTE, also known as Fresh, ERNEST EUGENE
44 WELDON, also known as Gene, also known as Mean Gene, also known N
45 as Mean One, THOMAS HOLMAN, also known as Uno, ADAM SANDERS, also ¥
46 known as AD, KENDAL MULLINS, also known as K-Nice, THOMAS FAGAN,
47 JOSEPH DARDEN, JEFFREY LOOKHART, LAMONT BROWN, also known as 1.,
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_ _ . Ca_se 3:00-cr-00263-JCH Document 1758-2 Filed 07/22/2005 Page 2 of 3
1 St. CLAIR BURDEN, also known as_G0wser, also known as Boo Boo, Q
2 also known as GP, CEDRIC BURDEN, also known as Sid, ANTONIO
3 WILLIAMS, also known as LO LO, KEITH LYONS, also known as Papa
4 Large, also known as Pops, BARNEY BURDEN, also known as Buddy,
5 also known as Buddy Rock, also known as Rock, DEMETRIUS STORY, _
6 LESLIE WAYNE CARLOS, also known as Cheetah, and TODD SUM ERVILLE,
I
8 Defendants,
9
10 TERRENCE BOYD, JERMAINE BUCHANAN, also known as Ski, ANGEL
11 CABRERA, also known as Cheeks, ROBERT JONES, also known as =
12 Swinger, and PATRICE ST. SURIN, also known as Patrick, also known
13 as Watty Wat,
14
15 Defendants—Appellants.
16 `
17 ----------—--—-—————-—---—-----—-——------———-—·--—-—— X K
18
19 By order entered October 15, 2004, this court granted the W
20 motion of Gerald E. Bodell, Appellant Terrence Boyd’s counsel, to )
21 be relieved as counsel pursuant to Anders v. California, 386 U.S.
22 738 (1967). This court also granted, by order entered that same
23 day, the government's motion for summary affirmance.
24
25 In light of the Supreme Court’s decision in United States v.
26 Booker, 125 S. Ct. 738 (2005), and this court's decision in
27 United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), Appellant's
28 right to request that the district court consider whether to
29 resentence him presents a nonfrivolous issue for appeal. We -
30 therefore RESCIND this court’s earlier order granting attorney S I
31 Bodell's motion to be relieved as counsel and REINSTATE Bodell as (
32 Appellant’s counsel. I
33
34 We further REMAND Appellant Terrence Boyd's case to the
35 district court for additional proceedings in conformity with
36 Crosby. Should Boyd prefer that the district court not consider
37 whether to resentence him pursuant to Crosby, Boyd may so inform
38 the district court. In that event, the district court shall take
39 no further action.
40
41 The disposition in the summary—affirmance order previously
42 issued in connection with this appeal is hereby made part of this
43 order and is fully effective, except to the extent that it is I
44 inconsistent with the present remand in conformity with Crosby.
45
46 Any appeal taken from the district court’s decision on I
47 remand can be initiated only by filing a new notice of appeal, as
48 to which the filing fee will be waived. See Fed. R. App. P. 3, S
4 9 4 (b) . ‘ _
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— . · Case 3:00-cr-00263-JCH D0cument1758-2 Filed 07/22/2005 Page30f3
1 · A party will not-waive or forfeit any appropriate argument Q
2 on remand or on any appeal post—remand by not filing a petition i
3 for rehearing of this remand order.
4
5 The mandate shall issue forthwith.
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7 ma THE comm;
8 Rosean B. MacKe nie, Clerk
9 ·
10 G/VU
11 Luci le Carr, Deputy Clerk {
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