United States v. Calderon, No. 13-1098 (2d Cir. 2015)
Annotate this CaseDefendants Calderon, Sanchez, Cardoza, and DeLeon appealed from convictions of racketeering, narcotics, and obstruction-of-justice. Defendants raised numerous issues on appeal. The court addressed only the sufficiency-of-the-evidence issue in regards to Cardoza's conviction for being an accessory after the fact to a murder. The court held that there was insufficient evidence for a reasonable jury to find Cardoza guilty of that charge where, based on the totality of the circumstances, no rational juror could find that Cardoza knew that the murder victim was dead or dying. Accordingly, the court reversed as to Cardoza's conviction and remanded with instructions for the district court to dismiss that count and resentence. The court affirmed on all other counts.
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