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United States Court of Appeals for the Second Circuit
May 17, 2018, Decided
[*29] SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Defendant-Appellant Adony Nina appeals from a judgment of conviction entered on March 22, 2016, after two jury trials, sentencing him to life imprisonment. The convictions stem from Nina's leadership of a violent heroin and crack-cocaine dealing organization in the Bronx, referred to below as "the Crew." We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
The trial on the seventh superseding indictment (hereinafter "2013 [**2] Indictment") took place in October 2013, and the trial on the twelfth superseding indictment (hereinafter "2015 Indictment") took place in May 2015. At the conclusion of the first trial, Nina was found guilty of conspiracy to distribute narcotics, in violation of 21 U.S.C. §§ 846, 841(b)(1)(A) (Count One of 2013 Indictment), and using and possessing a firearm to commit a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) (Count Three of 2013 Indictment). At the conclusion of the second trial, Nina was found guilty of the murder of Aisha Morales in connection with a drug trafficking offense, in violation of 21 U.S.C. § 848(e)(1)(A) (Count One of 2015 Indictment), and using and possessing a firearm to commit that murder in connection with the drug trafficking offense, in violation of 18 U.S.C. § 924(j) (Count Two of 2015 Indictment). Nina was sentenced to concurrent terms of life imprisonment on Count One of the 2013 Indictment and Count One of the 2015 Indictment, a consecutive term of life imprisonment on Count Two of the 2015 Indictment, and a consecutive term of 10 years' imprisonment on Count Three of the 2013 Indictment.3
On appeal, Nina argues that: (1) a judgment of acquittal should have been entered with respect to both counts of conviction in the second [**3] trial because the Government failed to prove a sufficient connection between the homicide and the drug conspiracy; (2) he is entitled to new trials on all counts due to the admission at both trials of evidence of certain instances of violent [*30] conduct that he argues is irrelevant; (3) the district court erred in denying his motion for a mistrial during the first trial on the basis that the Government elicited testimony that a woman with whom Nina was in a sexual relationship was 16 years old at the time of the relationship; (4) his conviction for murder in connection with a narcotics trafficking offense in the second trial should be vacated because the 2015 indictment failed to specify the quantity of drugs associated with the narcotics conspiracy; (5) his sentence for violating 18 U.S.C. § 924(j)(1) was procedurally unreasonable because the district court incorrectly held that that sentence had to run consecutively to the other sentences imposed; and (6) his life sentence for conspiracy to distribute narcotics was substantively unreasonable. We reject all of these arguments, and affirm his conviction and sentence.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
734 Fed. Appx. 27 *; 2018 U.S. App. LEXIS 12773 **
UNITED STATES OF AMERICA Appellee, v. ADONY NINA, Defendant-Appellant, CANDIDO ANTOMATTEI, JORGE CRUZ, TIARA FELIX, STEPHANIE MESA, JASON MORALES, EDUARDO RODRIGUEZ, TOMMIE BOOSE, CATHERINE MORALES, KEVIN TORRES, KRISTINA SIMMONS, Defendants.1
Notice: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
Subsequent History: US Supreme Court certiorari denied by Nina v. United States, 139 S. Ct. 851, 202 L. Ed. 2d 617, 2019 U.S. LEXIS 468, 2019 WL 113490 (U.S., Jan. 7, 2019)
Prior History: [**1] Appeal from the United States District Court for the Southern District of New York (Sullivan, J.).
United States v. Nina, 607 Fed. Appx. 33, 2015 U.S. App. LEXIS 6648, 2015 WL 1810749 (2d Cir. N.Y., Apr. 22, 2015)
Crew, Indictment, narcotics, conspiracy, sentence, shooting, murder, crew member, firearm, district court, territory, drug trafficking, argues, life imprisonment, killing, heroin, gun, quotation, mistrial, quantity, marks, consecutive sentences, sexual relations, second trial, convictions, bicycle, cocaine, violent, motive, drug conspiracy
Criminal Law & Procedure, Use of Weapons, Commission of Another Crime, Elements, Murder, Felony Murder, Trials, Motions for Acquittal, Evidence, Burdens of Proof, Allocation, Standards of Review, De Novo Review, Sufficiency of Evidence, Types of Evidence, Circumstantial Evidence, Abuse of Discretion, Evidence, Relevance, Exclusion of Relevant Evidence, Confusion, Prejudice & Waste of Time, Relevant Evidence, Mistrial, Reviewability, Waiver, Exceptions & Validity of Waivers, Appeals, Plain Error, Triggers of Waivers, Indictments, Contents, Content Requirements, Criminal Offenses, Controlled Substances, Penalties, Plain Error, Burdens of Proof, Definition of Plain Error, Sentencing, Consecutive Sentences, Proportionality & Reasonableness Review, Ranges, Sentencing Guidelines