United States v. McCoy
| Docket Number | 17-3515,17-3516,18-619,18-625 |
| Decision Date | 22 April 2021 |
Defendants McCoy and Nix appealed their convictions for charges related to their involvement in a series of home invasions in the Rochester, New York area in September and October 2014. In this case, defendants and others unlawfully conspired and attempted to rob other persons of commodities that had been shipped and transported in interstate and foreign commerce, such as diamonds, watches, United States currency, and narcotics, and conspired to traffic in the stolen narcotics
Defendants principally contend (a) that they were entitled to a new trial on the ground that the juror's false voir dire responses violated their rights to be tried before a fair and impartial jury; (b) that their firearm-brandishing convictions should be reversed on...
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92 cases
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United States v. Stuker
... ... They leave out an attempt to threaten to use physical force. Some courts have suggested "[i]t is difficult even to imagine a scenario" where it would "be clear that [a defendant] only attempted to threaten, and neither used nor even actually threatened the use of force." United States v ... McCoy , 995 F.3d 32, 57 (2d Cir. 2021) (internal quotation marks and brackets omitted). That difficulty may exist when, as in McCoy , a defendant would have to attempt to threaten to use force to "unlawfully tak[e] or obtain[] ... property from the person or in the presence of another, against his ... ...
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United States v. Waite
... ... See Eldridge , 2 F.4th at 36 (citing Fed. R. Crim. P. 52(b) ). 5 Waite's Davis challenges fail because we recently confronted and rejected these same arguments in United States v. McCoy , 995 F.3d 32 (2d Cir. 2021). Like Waite, the defendants in McCoy argued that their § 924(c) convictions were invalid because, after Davis , attempted Hobbs Act robbery and attempted or actual Hobbs Act robbery premised on an aiding-and-abetting theory did not constitute crimes of violence ... ...
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United States v. Capers
... ... Letter (Dkt. 128) at 1. 8 The description above of the elements of RICO conspiracy does not just describe "a theoretical possibility." United States v. McCoy , 995 F.3d 32, 57 (2d Cir. 2021) (internal quotation marks omitted). For example, this Court has affirmed a defendant's conviction of RICO conspiracy where the predicate racketeering acts were completed outside the five-year limitations period, because "the agreement proscribed by section 1962(d) ... ...
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