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United States v. Draper

Citation: 307 F. App'x 494Docket: Nos. 07-2301-CR(Lead), 07-2366-CR(Con)

Court: Court of Appeals for the Second Circuit; January 19, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involves two appellants, Ledrell Hart and Corneilus Draper, challenging their convictions in the U.S. District Court for the Eastern District of New York. They were convicted on charges of conspiracy to retaliate against a witness, witness tampering, possession of narcotics, and possession of firearms in connection with drug trafficking. The appellants contested the credibility of the government's witnesses, arguing insufficient evidence for conviction. However, the court found the testimony of Clinton Davy and Jamil Bannister credible and corroborated by police evidence, supporting the convictions on witness tampering, narcotics, and firearm charges. The court determined that a rational juror could find both appellants guilty beyond a reasonable doubt based on the evidence. The witness tampering charge was particularly supported by evidence indicating Hart and Draper believed Davy was cooperating with law enforcement regarding a federal investigation. The convictions for witness retaliation were reversed due to insufficient evidence, prompting the case's remand for resentencing. The decisions partially affirm the convictions while reversing specific charges, necessitating a reassessment of the sentencing framework.

Legal Issues Addressed

Credibility of Witness Testimony

Application: The court ruled that the testimony from witnesses Clinton Davy and Jamil Bannister was credible despite the defendants' claims of incredibility, as the testimony was corroborated by additional evidence.

Reasoning: They argue that the government's main witnesses, Clinton Davy and Jamil Bannister, were legally incredible and that the evidence was insufficient to support their convictions. However, the court finds that the witnesses' testimony...was credible and corroborated by police searches...

Remand for Resentencing

Application: The case was remanded for resentencing due to the partial reversal of certain convictions, requiring adjustment of the initial sentencing judgment.

Reasoning: The case is remanded for resentencing. The judgments are partially affirmed and partially reversed.

Reversal of Witness Retaliation Convictions

Application: The court reversed the convictions on witness retaliation charges due to insufficient evidence, differentiating these from the affirmed charges of witness tampering.

Reasoning: Consequently, the convictions on Counts Seven, Eight, Nine, Ten, and Eleven for witness tampering, narcotics, and firearm charges are affirmed. In contrast, the convictions on Counts Five and Six for witness retaliation are reversed.

Sufficiency of Evidence for Conviction

Application: The court determined that the evidence presented, including witness testimony and corroborating police searches, was sufficient to support the convictions of Hart and Draper beyond a reasonable doubt.

Reasoning: The court finds that the witnesses' testimony, which included direct claims of drug sales and firearm possession by Hart and Draper, was credible and corroborated by police searches that uncovered contraband as indicated by the witnesses.

Witness Tampering Charges

Application: The court upheld the witness tampering charges against Hart and Draper, finding sufficient evidence that they believed Davy was cooperating with law enforcement, which supported the charge.

Reasoning: Furthermore, the evidence also supports the witness tampering charges as Hart and Draper believed Davy was providing information to law enforcement regarding a federal crime—the murder of Wesley Thomas.