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United States v. Deandrade

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Submitted: December 7, 2009

Before: JACOBS, Chief Judge, HALL, Circuit Judge, and MURTHA, District Judge.*fn1

Defendant-Appellant Daniel Deandrade appeals from a judgment, entered following a 2008 jury trial in the United States District Court for the Southern District of New York (Sand, J.), convicting him of two felony narcotics offenses and sentencing him to two concurrent terms of 300 months’ imprisonment. He appeals principally on the grounds that (1) references to his incarceration during trial, made by two cooperating witnesses, impaired the presumption of innocence, and that the district court should have granted his motions for a mistrial premised on Estelle v. Williams, 425 U.S. 501 (1976); and (2) the sentence improperly took account of a non-jury juvenile conviction in violation of Apprendi v. New Jersey, 530 U.S. 466 (2000). Deandrade also raises a variety of other challenges, including ineffective assistance of counsel. We affirm the conviction and the sentence.

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