16-3734-cr United States v. Dominique Mack, et al. 1 In the 2 United States Court of Appeals 3 For the Second Circuit 4 ________ 5 6 AUGUST TERM, 2018 7 8 ARGUED: FEBRUARY 19, 2019 9 DECIDED: APRIL 2, 2020 10 11 No. 16-3734-cr 12 13 UNITED STATES OF AMERICA, 14 Appellee, 15 16 v. 17 18 KERONN MILLER, aka Fresh, TYQUAN LUCIEN, aka TQ, aka Frogger, 19 Defendants, 20 21 DOMINIQUE MACK, aka Lil Sweets, 22 Defendant-Appellant. 23 ________ 24 25 Appeal from the United States District Court 26 for the District of Connecticut. 27 No. 3:13-cr-00054 (MPS) – Michael P. Shea, Judge. 28 ________ 29 30 Before: WALKER and LIVINGSTON, Circuit Judges, and FAILLA, District Judge. * 31 ________ 32 Judge Katherine Polk Failla, of the United States District Court for the Southern District * of New York, sitting by designation. 2 No. 16-3734-cr 1 Defendant Dominique Mack appeals from a judgment entered in the 2 United States District Court for the District of Connecticut following a jury trial 3 before Michael P. Shea, Judge, convicting him of conspiracy to commit witness 4 tampering related to the death of Ian Francis, in violation of 18 U.S.C. § 1512(k); 5 conspiracy to commit witness tampering by planning to murder Charles 6 Jernigan, in violation of 18 U.S.C. § 1512(k); and two counts of unlawful 7 possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 8 924(a)(2). 2 The district court sentenced Mack to life imprisonment for each of the 9 conspiracy convictions and ten years’ imprisonment for each of the firearm 10 possession convictions, all sentences to run concurrently. This opinion addresses 11 Mack’s claims on appeal that the district court: (i) failed to instruct the jury on an 12 essential element of his firearms offenses; (ii) erred in admitting hearsay 13 declarations under Federal Rule of Evidence 804(b)(3); (iii) erred in admitting a 14 summary chart under Federal Rule of Evidence 1006; and (iv) was not required 15 to impose life sentences for Mack’s conspiracy convictions. We reject these 16 arguments and AFFIRM the conviction. 3 17 ________ 18 BRIAN P. LEAMING (Jennifer R. Laraia, Marc H. Silverman, on the 19 brief) Assistant United States Attorneys, for John H. Durham, 20 United States Attorney for the District of Connecticut, for 21 Appellee. 22 JEREMIAH DONOVAN, Old Saybrook, CT, for Defendant- 23 Appellant. 24 ________ 2 Mack was acquitted of two counts of witness tampering by first-degree murder of Francis, in violation of 18 U.S.C. §§ 2, 1512(a)(1)(A), and 1512(a)(1)(C). 3Mack’s remaining arguments on appeal are addressed in a summary order filed simultaneously with this opinion. 3 No. 16-3734-cr 1 JOHN M. WALKER, JR., Circuit Judge: 2 Defendant Dominique Mack appeals from a judgment entered in the 3 United States District Court for the District of Connecticut following a jury trial 4 before Michael P. Shea, Judge, convicting him of conspiracy to commit witness 5 tampering related to the death of Ian Francis, ...
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