Free USCA Mandate - District Court of Connecticut - Connecticut

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< y se : - - 263-SCH Q0cument17·58 Filed 07/22/2005
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1 UNITED STATES COURT OF APPEALS~*}~i? '-—¢.; I
2 FOR THE SECOND CIRCUIT _ We I
3 [UUE .,¥£iI_ 22 pi; I: Sq
4 SUMMARY ORDER 4
5 I `;`{,‘3g‘g`
6 THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN·:THE—fFEDERAL REPORTER
7 AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY
8 OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY
9 OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED
10 CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES
ll JUDICATA.
l2 .
13 At a stated term of the United States Court of Appeals for
14 the Second Circuit, held at the Thurgood Marshall United States
15 Courthouse, at Foley Square, in the City of New York, on the
16 15th day of October, two thousand and four. I
17
18 PRESENT: .,,,,1,
19
20 Hon. John M. Walker, Jr., _`;,$}$“T;ScOU9,·
21 Chief Judge, § MED 0**10 y
22 Hon. Pierre N. Leval, _ •° I
23 Hon. Robert A. Katzmann, ROCE 15 YUM E
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26 ¤can¤un
27 ————----------— ·- ---—--——--———------———-—--——- X
28 1
29 UNITED STATES OF AMERICA, _
30
31 ‘ Appellee,
32
33 v.
34 1 No. 02-1148(L) , 02-1754(CON) ,
35 02-1756 (CON), O3—1014(CON),
36 03—1148(CON) 03—1408(CON)
37
38 KELVIN BURDEN, also known as Waffle, also known as Uncle,-also ,
39 known as Unc, DAVID 4 BURDEN, also known as DMX, also known as X, E
40 ANTHONY BURDEN, also known as Mackey, also known as Tony, WILLIE -
41 PREZZIE, also known as Prez, also known as Dog, ANTHONY BUCHANAN,
42 also known as Jungle, TERRENCE THOMPSON, also known as Creed,
43 MICHAEL SAWYER, also known as Michael Moss, TERRA NIVENS, also
44 known as Stink, also known as Stinkfinger, FRANK KNIGHT, also
45 known as Ace, also known as Groovy, DWIGHT MASCHECK, also known
1
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-. · . , Case 3:00-cr-OO26iJ9H Document 1758 Filed _O7/?262005 Page 2 of 4
1 as Shorty, JERMAINE MARTIN, also known as Psycho, ANDRE _
2 MCCLENDON, also known as Popsicle, MICHAEL GLENN, also known as . ?
3 _Rockafella, DAVID l7 BURDEN, also known as Quinten, also known as 2
4 Sid, JOSEPH DANIELS, also known as Digital, LAVON GODFREY, ALVIN Q
5 WHITE, also known as Uncle Lee, ANDRE DAWSON, also known as Yup E
6 Yup, JAHOD NASH, also known as Hottie Jig, JEFFREY FREDERICKS,
7 also known as JL, also known as Dahmer, MARK CALDWELL, also known
8 as Sparks, KEVIN HAMLETTE, also known as Fresh, ERNEST EUGENE
_9 WELDON, also known as Gene, also known as Mean Gene, also known
10 as Mean One, THOMAS HOLMAN, also known as Uno, ADAM SANDERS, also
11 known as AD, KENDAL MULLINS, also known as K—Nice, THOMAS FAGAN,
12 JOSEPH DARDEN, JEFFREY LOCKHART, LAMONT BROWN, also known as L,
13 St. CLAIR BURDEN, also known as Gowser, also known as Boo Boo,
14 also known as GP, CEDRIC BURDEN, also known as Sid, ANTONIO
15 WILLIAMS, also known as LO LO, KEITH LYONS, also known as Papa
16 Large, also known as Pops, BARNEY BURDEN, also known as Buddy, I
17 also known as Buddy Rock, also known as Rock, DEMETRIUS STORY, §
18 LESLIE WAYNE CARLOS, also known as Cheetah, and TODD SUMMERVILLE, 1
19 A K
20 Defendants, ;
21
22 TERRENCE BOYD, JERMAINE BUCHANAN, also known as Ski, ANGEL
23 CABRERA, also known as Cheeks, ROBERT JONES, also known as 1
24 Swinger, and PATRICE ST. SURIN, also known as Patrick, also known E
25 as Watty Wat, ` A
26
27 Defendants-Appellants.
28
29 »———--——------———--—-----——----—--——----———-- X y
30
31 APPEARING FOR APPELLEE: BRIAN E. SPEARS,
32 Assistant United States
33 Attorney (Kevin J.
34 O'Connor, United States
35 Attorney for the District Q
36 of Connecticut, William {
37 J. Nardini, Assistant A
38 United States Attorney gp
39 the brief) Hartford, CT, ‘
40 for Appellee.
41 .
42 APPEARING FOR APPELLANT: BERNARD V. KLEINMAN,
43 ‘ White Plains, NY. §Q£ I
44 ` Defendant-Appellant St. !
45 _ Surin. {
2 1

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[ .» L_ . Case 3:00-cr-0O26iJ9H Document 1758 Filed 07/6%2005 Page 3 of 4 N
1 Appeal from the United States District Court for the ` · K
2 District of Connecticut (Janet C. Hall, Judge).
3
4 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND
5 DECREED that the judgment of the district court be and it hereby
6 is AFFIRMED. · ‘
7 Defendant—Appellant_Patrice St. Surin appeals from the order
8 of the United States District Court for the District of
9 Connecticut (Janet C. Hall, Judge) denying St. Surin's motion for
10 an acquittal notwithstanding the verdict pursuant to Fed. R. -
11 Crim. P. 29(C). St. Surin was found guilty by a jury of i
12 conspiracy to possess with intent to distribute 50 grams or more *
13 of cocaine base and 5 kilograms or more of cocaine in violation
14 of 21 U.S.C. §§ 846 and 841(b)(1)(A) and sentenced principally to.
15 a 188—month term of imprisonment, followed by five years of
16 supervised release and a $5,000.00 fine. ·
17 St. Surin first argues that the evidence against him was `
18 insufficient to sustain a guilty verdict. We disagree. St.
19 Surin incorrectly asserts that the only evidence connecting him
20 to the drug conspiracy was the testimony of Eugene Weldon, an,
21 accomplice. The government, however, corroborated Weldon’s
22 testimony with wire interceptions, pen—register data, and video .
23 surveillance. Further, in this circuit, a conviction may be_
24 sustained on the basis of the testimony of a single accomplice {
25 without corroboration. United States v. Diaz, 176 F.3d 52, 92 ` E
26 (2d Cir. 1999). Here, we easily conclude that the evidence was E
27 legally sufficient to support the jury verdict.
28 St. Surin also seeks a new trial because the government`
29 allegedly failed to turn over discoverable material in a timely
30 fashion in violation of the Jencks Act, 18 U.S.C. § 3500, and _
31 Fed. R. Crim. P. 26.2, and because after the government turned I
32 over the material, the district court failed to strike the
33 testimony of a government witness, Anthony Burden. The day after
34 Burden testified, the government turned over discoverable `
35 material — Burden's grand—jury testimony in an unrelated case — ,
36 that it had inadvertently omitted to turn over earlier.
37 Under the circumstances, we find any error by the government R
38 to be harmless. Burden testified only about dealing with Weldon, y
39 not with St. Surin. Moreover, there was no material inconsis-
40 tency between Burden's grand—jury testimony in the unrelated case
41 and his testimony at trial. And finally, the defendant was
42 offered the opportunity to have Burden recalled for
43 cross—examination on the basis of the grand-jury testimony and he
44 declined the offer.

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g· H _ Case 3:00-cr-OO26{=;J?H D0cumént1758 Filed O7€%2005 Page40f4
1 Accordingly, and for the foregoing reasons, the judgment of
2 the district court is hereby AFFIRMED.
3 _ I
4 FOR THE COURT: - \
5 Roseenn B. Me.cKechnie, Clerk i
'7 l · _ U
8 By
9 Lucille Carr, Deputy Clerk ` ‘ -
10 _
11
12 j
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A TRUE CUE"? _.
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