Free USCA Mandate - District Court of Connecticut - Connecticut

{ ¤ . , _. Case 3:00-cr-00263-JCH D0cument1758-3 Filed 07/22/2005 Page 1 Ow {
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1 UNITED STATES COURT OF APPEALS Qfoi {
2 FOR THE SECOND CIRCUIT {
{ 3 {
¤ 4 ORDER {
{ 5
6 At a stated term of the United States Court of Appeals for
7 the Second Circuit, held at the Thurgood Marshall United States _
8 Courthouse, at Foley Square, in the City of New York, on the {§,+°" {
I 9 day of July, two thousand and five. {
ll PRESENT: {,_f·;:_;{;_;%;‘*;{.;g {
12 ,-TQ;#,`{··" In
13 Hon. John M. Walker, Jr., JUL 18 @§g i
14 Chief Judge, {_ · {S5 1
15 Hen- Pierre N- LeVe1· "{‘~??{i»;*,·_,H. —~ f' I E I {
16 Hon. Robert A. Katzmann, E )§(-— Ugg
17 Circuit Judges. jg { 5 {
18 --,· QL gg {
19 --—--—---------—-———--—-----—--------———---------—--- x as * s {
20 _ wg § {
21 UNITED STATES OF AMERICA, § § {
22 Appellee, { g {
23 _ "'{ g {
24 v. ` {
25 No. 02—ll48(L)» 03-1014(CO ), {
26 03-l408(CON) {
27 {
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, al o known as Dog, ANTHONY BUCHANAN,
32 also known as Jungle, TERRENCE THOMPSON, also known as Creed, I
33 MICHAEL SAWYER, also known as Michael Moss, TERRA NIVENS, also {
34 known as Stink, also known as Stinkfing er, 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
38 Rockafella, DAVID 17 BURDEN, also known as Quinten, also known as
39 Sid, JOSEPH DANIELS, also known as Digital, LAVON GODFREY, ALVIN
40 WHITE, also known as Uncle Lee, ANDRE DAWSON, also known as Yup
41 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 {
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 LOCKHART, LAMONT BROWN, also known as L,
{
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J it ‘ * · » ~Gase 3:00-cr-00263-JCH Document 1758-3 Filed 07/22/2005 Page 2 of 2
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1 St. CLAIR BURDEN, also known as Gowser, also known as Boo Boo,
Q 2 also known as GP, CEDRIC BURDEN, also known as Sid, ANTONIO i
y 3 WILLIAMS, also known as LO LO, KEITH LYONS, also known as Papa 3
{ 4 Large, also known as Pops, BARNEY BURDEN, also known as Buddy, I
§ 5 also known as Buddy Rock, also known as Rock, DEMETRIUS STORY, i
( 6 LESLIE WAYNE CARLOS, also known as Cheetah, and TODD SUM ERVILLE,
7 7 ,
l 8 Defendants, )
9 1
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 i
13 as Watty Wat, ,
14 \
15 Defendants-Appellants. ,
l6 5
17 ---——-——-——-——-————-------------------------—-------- x )
18
19 In response to this court's Special Order of Inquiry entered
20 February 7, 2005, attorney Alvy informed the court that Appellant _
21 Robert Jones seeks a remand for consideration of whether he (
22 should be resentenced in light of United States v. Booker, 125 S.
23 Ct. 738 (2005), and this court’s decision in United States v.
24 Crosby, 397 F.3d 103 (2d Cir. 2005). 1
25 *
26 Upon due consideration, it is hereby ORDERED that the `
27 request for a remand is DENIED because the appellant knowingly L
28 and voluntarily waived his right to appeal. See U.S. v. Haynes, (
29 No. 04-6684, ___ F.3d _, 2005 WL 1384333, 2005 U.S. App. LEXIS
30 11058 (2d Cir. June 13, 2005) (per Curiam) (enforcing waiver of
31 appeal in face of preserved Booker challenge); United States v. `
32 Morgan, 406 F.3d 135 (2005) (enforcing waiver of appeal in face
33 of unpreserved Booker challenge).
34
35 The disposition in the orders previously issued in
36 connection with this appeal is hereby made part of this order and
37 is fully effective. The mandate shall issue forthwith.
38
39 FOR THE COURT:
40 Ro r p B. MacKec · e, Clerk
4 1 . / { · I
42 == 11.. il.; ’
43 Lucil e Carr, Deputy Clerk
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