United States v. Rodney
Docket: No. 04-2925-CR
Court: Court of Appeals for the Second Circuit; March 20, 2005; Federal Appellate Court
The judgment of the district court, which convicted defendant-appellant Dexter L. Rodney of bank fraud and theft of government property, is affirmed and remanded. The appeal arises from a jury trial held in the Southern District of New York, presided over by Judge Victor Marrero. Rodney claims the government misled the jury regarding the burden of proof and improperly questioned his credibility during closing arguments. However, the appellate court found no reversible error in the government's remarks, especially since Rodney failed to raise a timely objection. The court noted that allegations of prosecutorial misconduct must demonstrate significant harm to warrant reversal. Additionally, Rodney argues that his sentence infringed upon his Sixth Amendment rights, as it exceeded what would have been imposed based solely on the jury's findings. The appellate court determined that the district court treated the federal Sentencing Guidelines as mandatory, leading to a remand for further proceedings in line with United States v. Crosby. Remaining arguments presented by Rodney were found to lack merit. Thus, the district court's judgment is affirmed, and the case is remanded for appropriate sentencing procedures.