18-3029-cr United States v. Donque Tyrell UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York on the 4th day of January, two thousand twenty-one. Present: ROSEMARY S. POOLER, RICHARD C. WESLEY, SUSAN L. CARNEY, Circuit Judges. _____________________________________________________ UNITED STATES OF AMERICA, Appellee, v. 18-3029-cr DONQUE TYRELL, AKA POLO RELL, Defendant-Appellant. 1 _____________________________________________________ Appearing for Appellant: Ruth M. Liebesman, Paramus, NJ. Appearing for Appellee: Allison Nichols, Assistant United States Attorney (Jessica Feinstein, Karl Metzner, Drew Skinner, Hagan Scotten, Assistant United States Attorneys, on the brief), for Audrey Strauss, Acting United States Attorney for the Southern District of New York, New York, NY. 1 The Clerk of Court is directed to amend the caption to the above. Appeal from the United States District Court for the Southern District of New York (Rakoff, J.). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment be and it hereby is AFFIRMED in part, VACATED in part, and REMANDED. Defendant-Appellant Donque Tyrell appeals from the October 10, 2018 judgment of conviction in the United States District Court for the Southern District of New York (Rakoff, J.) following a jury trial. The jury returned a verdict of guilty on seven counts: racketeering conspiracy in violation of 18 U.S.C. § 1962(d); murder in aid of racketeering, and aiding and abetting the same, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; conspiracy to distribute and possess with intent to distribute narcotics in violation of 21 U.S.C. § 846; distribution of narcotics within one thousand feet of playgrounds and schools, in violation of 21 U.S.C. §§ 846 and 860; and three counts of firearms offenses in violation of 18 U.S.C. § 924(c). Tyrell was convicted of racketeering for his involvement with the Big Money Bosses (“BMB”) gang. The district court sentenced Tyrell principally to life imprisonment plus fifty-five years. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review. Tyrell principally argues on appeal that: (1) the evidence at trial was insufficient to support his murder conviction and one of his firearms convictions; (2) the district court erred in admitting a fellow BMB member’s out-of-court statements as a statement against penal interest; (3) the district court erred in excluding an investigating officer’s bigoted statements; (4) the district ...
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