19-2029 United States of America v. Leonard Mathews 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 14th day of January, two thousand twenty-one. Present: DENNIS JACOBS, ROSEMARY S. POOLER, RAYMOND J. LOHIER, JR., Circuit Judges. _____________________________________________________ UNITED STATES OF AMERICA, Appellee, v. 19-2029-cr LEONARD MATHEWS, Defendant-Appellant. _____________________________________________________ Appearing for Appellant: David J. Williams, Jarvis, McArthur & Williams LLC, Burlington, VT. Appearing for Appellee: Dominic A. Gentile, Assistant United States Attorney (Justin V. Rodriguez, Karl Metzner, Assistant United States Attorneys, on the brief), for Audrey Strauss, Acting United States Attorney for the Southern District of New York, New York, NY. Appeal from the United States District Court for the Southern District of New York (Oetken, J.). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Appellant Leonard Mathews appeals from the July 1, 2019 judgment of the United States District Court for the Southern District of New York (Oetken, J.), regarding his conviction and sentence following a jury trial for his role in a shooting. On October 3, 2018, Mathews was convicted following a jury trial of: (1) assault with a dangerous weapon in aid of racketeering, and aiding and abetting the same, in violation of 18 U.S.C. §§ 1959(a)(3) and 2; (2) using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of, crimes of violence, and aiding and abetting the same, in violation of 18 U.S.C. §§ 924(c)(1)(a)(i), (ii), (iii), and 2; (3) possession of ammunition having been convicted of a felony, and aiding and abetting the same, in violation of 18 U.S.C. §§ 922(g)(1) and 2; and (4) distributing and possessing with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). On June 28, 2019, the district court sentenced Mathews principally to a term of 204 months’ imprisonment. Matthews appeals his conviction based on improper jury instructions and the absence of an underlying crime of violence to support his conviction under Section 924(c)(1)(a)(i). He also challenges the district court’s failure to hold a Franks hearing on a pretrial motion to suppress and appeals based on a reference by a witness during the trial to his request for counsel. Finally, Mathews raises numerous ...
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