17‐471(L) United States v. Rivera (Villaman) 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 21st day of December, two thousand eighteen. PRESENT: DENNIS JACOBS, RICHARD J. SULLIVAN, Circuit Judges, EDWARD R. KORMAN,* District Judge. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐X UNITED STATES OF AMERICA, Appellee, v. 17‐471(L), 17‐1460, 17‐1468, 17‐1562 Judge Edward R. Korman, of the United States District Court for the Eastern * District of New York, sitting by designation. 1 JASMIN RIVERA, AKA JASMIN HERNANDEZ, AKA RUBI RIVERA, AKA RUBI HERNANDEZ, Defendant, JASON VILLAMAN, AKA SANTI, ANTONIO RIVERA, AKA SANTOS MORALES, AKA ANTONIO ALMADAMO, AKA SANTOS GARCIA, JOHN WHALEY, AKA JOHN HOLLY, AKA JOHNNY, Defendants‐Appellants. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐X FOR APPELLEE: Susan Corkery, Assistant United States Attorney (Amy Busa, Assistant United States Attorney, on the brief), for Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brooklyn, NY. FOR APPELLANT JASON VILLAMAN: Jonathan I. Edelstein, Edelstein & Grossman, New York, NY. FOR APPELLANT ANTONIO RIVERA: John F. Carman, Garden City, NY (on submission). FOR APPELLANT JOHN WHALEY: James M. Branden, New York, NY; John Whaley, pro se, Otisville, NY. 2 Appeal from an order of the United States District Court for the Eastern District of New York (Feuerstein, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Defendants‐Appellants Jason Villaman, Antonio Rivera (“Rivera”), and John Whaley (the “defendants”)1 appeal sentences imposed after a remand by this Court. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review. Rivera owned and operated two bars on Long Island, and recruited undocumented immigrants to work there, ostensibly as waitresses. Villaman worked as a security guard at one of the bars, and Whaley assisted Rivera in the bars’ operation. Both of them drove waitresses to and from work. Waitresses at Rivera’s bars were forced to engage in sexual acts with customers. To ensure that they did so, the defendants physically assaulted waitresses, withheld their pay, and threatened them with deportation. Several were raped or otherwise sexually assaulted by the ...
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