United Statess v. Jones, 113010 FED2, 09-3542-cr (Lead)

Docket Nº:09-3542-cr (Lead), 09-5159-cr (Con)
Party Name:UNITED STATES OF AMERICA, Appellee, v. LUKE JONES, also known as Mega, LANCE JONES, LONNIE JONES, also known as LT, AARON HARRIS, also known as Dog, also known as Toast, also known as DMX, also known as Hit Man Sosa, LEONARD TROY JONES, also known as X, WILLIE NUNLEY, also known as Man, EUGENE RHODES, also known as Gene, also known as Sprout, DAVID
Attorney:KIM P. BONSTROM, Bonstrom & Murphy, Shelter Island, NY, for Defendant-Appellant Lyle Jones. MALVINA NATHANSON, Esq., New York, NY, and Kenneth Richardson, pro se, for Defendant-Appellant Kenneth Richardson CHRISTOPHER M. MATTEI, Assistant United States Attorney (Sandra S. Glover, Assistant United...
Judge Panel:PRESENT: AMALYA L. KEARSE, JOSEPH M. McLAUGHLIN, DEBRA ANN LIVINGSTON, Circuit Judges.
Case Date:November 30, 2010
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
FREE EXCERPT

UNITED STATES OF AMERICA, Appellee,

v.

LUKE JONES, also known as Mega, LANCE JONES, LONNIE JONES, also known as LT, AARON HARRIS, also known as Dog, also known as Toast, also known as DMX, also known as Hit Man Sosa, LEONARD TROY JONES, also known as X, WILLIE NUNLEY, also known as Man, EUGENE RHODES, also known as Gene, also known as Sprout, DAVID NUNLEY, also known as Boobie, CRAIG BALDWIN, also known as One Eye Craig, JOHN FOSTER, also known as Anthony Johnson, also know as D.C., also known as Troy Kelly, also known as John Billups, also known as David Nunley, RASHEEN LEWIS, also known as Rasheed Lewis, also known as Noriega, also known as Francis G. Sheen, WILLIAM GAITLIN, KEVIN JACKSON, also known as Kong, DAVID A. WILLIAMS, LESLIE MORRIS, also known as BooBoo, QUINNE POWELL, also known as Q, also known as One Letter, DAMON WALKER, also known as Bucky, RAYON BARNES, SEALED399cr264[21], ANTHONY MARSHALL, also known as Ant, Defendants, LYLE JONES, also known as Speedy, KENNETH RICHARDSON, also known as Primo, also known as Tyree, also known as Rico, Defendants-Appellants.

LYLE JONES, also known as Speedy, KENNETH RICHARDSON, also known as Primo, also known as Tyree, also known as Rico, Defendants-Appellants.

Nos. 09-3542-cr (Lead), 09-5159-cr (Con)

United States Court of Appeals, Second Circuit

November 30, 2010

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE O F APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER M UST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 30th day of November, two thousand ten.

KIM P. BONSTROM, Bonstrom & Murphy, Shelter Island, NY, for Defendant-Appellant Lyle Jones.

MALVINA NATHANSON, Esq., New York, NY, and Kenneth Richardson, pro se, for Defendant-Appellant Kenneth Richardson

CHRISTOPHER M. MATTEI, Assistant United States Attorney (Sandra S. Glover, Assistant United States Attorney, on the brief), for David B. Fein, United States Attorney, District of Connecticut, for Appellee.

PRESENT: AMALYA L. KEARSE, JOSEPH M. McLAUGHLIN, DEBRA ANN LIVINGSTON, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that (1) the government's motion for summary affirmance with respect to Defendant-Appellant Kenneth Richardson's challenge to his sentence and his counsel's Anders motion are GRANTED; and (2) the District Court's decision declining to resentence Defendant-Appellant Lyle Jones is AFFIRMED.

Defendant-Appellant Kenneth Richardson ("Richardson"), who was convicted by jury verdict of a violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846 (conspiracy to distribute, and to possess with intent to distribute, narcotics), appeals from a November 30, 2009, opinion of the United States District Court for the District of Connecticut (Nevas, J.), denying his motion pursuant to 18 U.S.C. § 3582(c)(2) to amend his sentence of life imprisonment. Defendant-Appellant Lyle Jones ("Jones"), a co-conspirator who was convicted following a jury trial of violations of 18 U.S.C. § 1962(c) (RICO), 18 U.S.C. § 1962(d) (RICO conspiracy), and 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846 (conspiracy to distribute, and to possess with intent to distribute, narcotics), appeals from an August 11, 2009, order of the United States District Court for the District of Connecticut (Dorsey, J.), declining to resentence him after remand to the district court pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). See United States v. Jones, 296 F.App'x 179, 184 (2d Cir. 2008) (summary order). We assume the parties' familiarity with the underlying facts and procedural history of the case.

I. Kenneth Richardson

Beginning with the Anders motion made by Richardson's counsel and the government's corresponding motion for summary affirmance, we note first that in order to be relieved pursuant to Anders, counsel must conscientiously examine the case, identifying any...

To continue reading

FREE SIGN UP