Fernandez v. United States · ¶21

Fernandez appealed, and the Second Circuit affirmed his conviction and sentence. See United States v. Fernandez, 648 Fed. Appx. 56 (2016). Although Fernandez argued that the Government had failed to turn over its notes before trial, those notes “d[id] not refect Rivera's unequivocal denial of a getaway driver role.” Id., at 61. “[I]n any event,” the court said, “Fernandez fails to show how the notes could have been `useful' ” for impeaching any witness. Ibid. Fernandez also argued that insufficient evidence supported his conviction: He insisted that Darge's testimony was not credible and highlighted the Government's choice not to charge Rivera as a co-conspirator in the murder-for-hire plot, which he considered indicative of the weakness of the Government's case. But the court rejected the insuffciency claim too. It held that a reasonable jury could credit Darge's testimony, that it was…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.