USA v. Moorning (Moye), (2nd Cir. 2009)
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05-5829-cr
USA v. Moorning (Moye)
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
Rulings by summary order do not have precedential effect. Citation to summary orders filed after
January 1, 2007, is permitted and is governed by this court's Local Rule 32.1 and Federal Rule of
Appellate Procedure 32.1. In a brief or other paper in which a litigant cites a summary order, in each
paragraph in which a citation appears, at least one citation must either be to the Federal Appendix or
be accompanied by the notation: "(summary order)." A party citing a summary order must serve a
copy of that summary order together with the paper in which the summary order is cited on any party
unless the summary order is available in an electronic database which is publicly accessible without
payment of fee (such as the database available at http://www.ca2.uscourts.gov/). If no copy is served
by reason of the availability of the order on such a database, the citation must include reference to that
database and the docket number of the case in which the order was entered.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the
Daniel Patrick Moynihan United States Courthouse, at 500 Pearl Street, in the City of New York,
on the 11th day of February, two thousand nine.
Present: HON. ROBERT A. KATZMANN,
HON. DEBRA A. LIVINGSTON,
Circuit Judges,
HON. J. GARVAN MURTHA, District Judge.* UNITED STATES OF AMERICA, Appellee, No. 05-5753-cr(L), 05-5829-cr(Con) -v- TYRELL EVANS, CRAIG MOYE, JAMES CALHOUN, ROBERT THOMAS, Defendants-Appellants. For Defendant-Appellant Moye: Susan M. Damplo, Ardsley, NY For Appellee: H. GORDON HALL and PATRICK F. CARUSO , Assistant U.S. Attorneys (William J. Nardini, Assistant U.S.
Attorney, on the brief) for Kevin J. O'Connor, U.S.
Attorney for the District of Connecticut, New Haven, CT Appeal from the United States District Court for the District of Connecticut (Hall, J.).
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that counsel's motion to withdraw, pursuant to Anders v. California, 386 U.S.
738 (1967), and the government's cross-motion for summary affirmance, be GRANTED. It is FURTHER ORDERED that the judgment of the district court as to defendant-appellant Craig Moye be and hereby is AFFIRMED.
Susan M. Damplo, attorney for defendant-appellant Craig Moye, filed a motion to withdraw as counsel, pursuant to Anders v. California, 386 U.S. 738 (1967), on the ground that there were no non-frivolous issues to raise on appeal. The government filed a cross-motion for summary affirmance on the same ground. Following oral argument, we issued a Summary Order dated September 18, 2008, remanding the case with respect to Moye and requesting clarification as to whether Moye was sentenced pursuant to Guidelines
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