United States v. Hiciano , No. 10-3284 (2d Cir. 2012)Annotate this Case
Batista (a former veteran police officer) appealed his conviction for conspiracy to distribute cocaine, cocaine base, and ecstasy, 21 U.S.C. 846 and 841(a)(1); (2) conspiracy to commit bank fraud, 18 U.S.C. 1349 and 1344; bank fraud, 18 U.S.C. 1344; and obstruction of justice, 18 U.S.C. 1512(c)(2); and his sentence of a 180-month term of imprisonment and a $25,000 fine. Alcantara, who cooperated in the investigation, appealed his 120-month sentence, following a guilty plea of conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base and five kilograms or more of cocaine, 21 U.S.C. 846 and 841(a)(1); and distribution of and possession with intent to distribute cocaine, 21 U.S.C. 841(a)(1). The Second Circuit affirmed, rejecting challenges to the sufficiency of the evidence, evidentiary rulings, sentencing enhancements, alleged prosecutorial misconduct, alleged due process violations (based on a claim that a juror was asleep during trial), and a wiretapping warrant.
This opinion or order relates to an opinion or order originally issued on May 17, 2012.