19-4052-cr United States v. Reyes-Batista 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 TO 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 9th day of February, two thousand twenty-one. PRESENT: DENNIS JACOBS, RICHARD J. SULLIVAN, JOSEPH F. BIANCO, Circuit Judges. _____________________________________ UNITED STATES OF AMERICA, Appellee, v. No. 19-4052-cr AMAURY VLADIMIR REYES-BATISTA, AKA FERRAGAURY MEDINA, AKA PEDRO AOVERIO AQUINO, AKA ROBERT BASTA, AKA ROBERTO BATASTO, AKA ROBERT BATISTE, AKA AMAURI REYES, AKA ROBERTO BATISTA, AKA PEDRO AQUINO ALEVERIO, AKA PEDRO ALVERIO AQUINO, Defendant-Appellant. _____________________________________ FOR DEFENDANT-APPELLANT: Malvina Nathanson, New York, NY. FOR APPELLEE: HAROLD H. CHEN (Sandra S. Glover, on the brief), Assistant United States Attorneys, for John H. Durham, United States Attorney for the District of Connecticut, New Haven, CT. Appeal from the United States District Court for the District of Connecticut (Stefan R. Underhill, Chief Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendant-Appellant Amaury Vladimir Reyes-Batista appeals a judgment of conviction entered by the district court (Underhill, C.J.). Reyes-Batista was arrested in February 2015 for participating in a scheme involving fraudulent tax refund checks in violation of 18 U.S.C. § 641. In a post-arrest interview, Reyes- Batista admitted to participating in the scheme, but provided federal agents with false identification information, including a false name, social security number, and birthplace. It was not until four years later, in June 2019, that Reyes-Batista 2 was eventually tried and found guilty of one count of conspiring to steal public money (18 U.S.C. § 371), eight substantive counts of theft of public money (18 U.S.C. §§ 641 and 2), and one count of making false statements to federal law enforcement officers (18 U.S.C. § 1001). Five months later, he was sentenced to time served and three years’ supervised release, and ordered to pay $166,649.61 in restitution. Reyes-Batista argues that the pre-trial delay violated his constitutional right to a speedy trial. He also argues that the district court should have dismissed the conspiracy charge against him because it violated the speedy indictment portion of the Speedy Trial Act. Finally, he argues that the district court should have dismissed the false statements charge because there was insufficient evidence to establish that the false statements he made concerning his identity were material. We assume the ...
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