OpenJurist

101 F3d 108 United States v. Pinckney

101 F.3d 108

UNITED STATES of America, Appellee,
v.
Melvin PINCKNEY and Fundador Cuevas, also known as
Powerhouse, Defendants-Appellants.

Nos. 95-1181, 95-1317.

United States Court of Appeals, Second Circuit.

March 22, 1996.

NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.

1

APPEARING FOR APPELLANT:Marjorie M. Smith, Tappan, New York, for Defendant-Appellant Cuevas.

2

APPEARING FOR APPELLEE: Frank McClain-Sewer, Assistant United States Attorney for the Eastern district of New York, Brooklyn, New York.

3

E.D.N.Y.

4

REVERSED.

5

This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was argued by counsel.

6

ON CONSIDERATION WHEREOF, IT IS ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is REVERSED.

7

Defendant-appellant Fundador Cuevas appeals from a judgment entered May 24, 1995 in the United States District Court for the Eastern District of New York that convicted him of conspiring to operate a chop shop in violation of 18 U.S.C. §§ 371 and 2322 and operating a chop shop in violation of 18 U.S.C. § 2322. The judgment of conviction is reversed. An opinion of this Court, explaining the rationale for our decision, will follow. The mandate shall issue forthwith.