United States v. Barinas, No. 16-2218 (2d Cir. 2017)Annotate this Case
In 1997, defendant was convicted in the present case of a drug conspiracy (Barinas I). In 2016, defendant was extradited to the United States and convicted on new narcotics trafficking charges (Barinas II). The district court found that defendant had violated his supervised release by failing to report to Probation, leaving the district in which he was to be supervised without permission, and committing the crime of which he was convicted in Barinas II. The Second Circuit affirmed the district court's judgment and held that defendant lacked prudential standing to raise a rule-of-specialty challenge and that his claim that his supervised-release term ended prior to his Barinas II crime lacked merit because that term was tolled while he was a fugitive.