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United States v. Calderon

United States Court of Appeals for the Second Circuit
785 F.3d 847 (2015)


Facts

The federal government (plaintiff) prosecuted Eva Cardoza (defendants) for being an accessory after the fact to murder, in violation of 18 U.S.C. § 3. The federal district court trial evidence established that Cardoza helped her boyfriend, Latin Kings gang member Steven ("Scoobz" or "Scooby") Lewis, conduct illegal drug deals on the gang's behalf. Both Cardoza and Lewis knew that John ("Tarzan") Maldonado was suspected of murdering Latin Kings member Jerome ("Rudeboy") Scarlett. There was evidence that Lewis, but not Cardoza, was present when the gang ordered William ("Tutu") Overton to kill Scarlett in retaliation, and told Overton that Cardoza would keep the engine idling in a getaway car parked around the corner from the designated shooting scene. On the appointed day, Cardoza parked the car as the gang directed. Gang member Luis ("Tuch") Tambito testified that he was near Cardoza's car when he heard the three gunshots that mortally wounded Maldonado. Overton fled the scene and ran past Cardoza. Tambito yelled at Cardoza to go get Overton, which she did. The jury convicted Cardoza on all counts, and she appealed to the Second Circuit Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Wesley, J.)

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