United States v. Cotto, No. 18-2970 (2d Cir. 2020)Annotate this Case
A conviction for retaliating against a witness in violation of 18 U.S.C. 1513 does not require that the Government prove that defendant had knowledge of the federal nature of the proceeding. The Second Circuit rejected defendant's arguments to the contrary and affirmed his conviction for retaliating against a witness. The court remanded for revision of the provision of the sentence relating to the substance abuse treatment condition of supervised release; instructed the district court to consider on remand whether the court's forthcoming order in United States v. Traficante, No. 18-1962 (2d Cir., submitted Oct. 25, 2019) requires modification of the risk notification provision of supervised release; and granted the parties leave to reinstate this appeal to permit review of the district court's decision on remand as to the risk notification provision.