United States v. Rosemond, No. 18-3561 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction for murder-for-hire, conspiracy to commit murder-for-hire, murder through use of a firearm, and possession of a firearm during a murder-for-hire conspiracy. Defendant owned Czar Entertainment, a music management company that represented hip-hop, rap and R&B artists such as Jayceon Taylor, also known as "The Game." Taylor was a member of G-Unit, a rap group run by Curtis Jackson, also known as "50 Cent." Defendant's crimes stemmed from a rivalry with Violator Records, the company that managed G-Unit.
The court rejected defendant's contention that his attorney was ineffective because he conceded that defendant paid for the victim to be shot, even though he told counsel not to make this concession. The court held that defendant failed to show that this was objectively unreasonable or that he would have been found not guilty had a different argument been advanced. In this case, there was ample evidence supporting counsel's strategy to concede that defendant ordered a shooting where, among other things, the government's key witness, who participated in the conspiracy and lured the victim to be shot, testified that defendant agreed to pay the shooter. The court also held that the district court did not abuse its broad discretion by admitting prior bad-act evidence under Federal Rule of Evidence 404(b)(1).
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