Case Information

*1 16 ‐ 2608 ‐ cr

United States

UNITED STATES COURT OF APPEALS THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY IS PERMITTED AND GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 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 NOTATION “SUMMARY ORDER”). A PARTY CITING TO SUMMARY ORDER MUST SERVE A COPY OF ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At stated term Appeals Second Circuit, held at Thurgood Marshall Courthouse, Foley Square, City th day October, two thousand seventeen.

PRESENT: JOHN WALKER, JR.,

RAYMOND J. LOHIER, JR.,

Circuit Judges ,

JOHN F. KEENAN, Judge .* ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ UNITED STATES OF AMERICA,

Appellee , No. ‐ ‐ cr

ALAIN PITON, AKA Sealed Defendant

Defendant Appellant . ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * John F. Keenan, sitting by designation. *2 FOR APPELLANT: Matthew D. Myers, Myers, Singer & Galiardo, LLP, New York, NY. APPELLEE: Negar Tekeei, Anna Skotko, Assistant Attorneys, for

Joon H. Kim, Acting Attorney for Southern District of New NY. Appeal judgment of District Court District of York (Loretta A. Preska, ). UPON DUE CONSIDERATION, HEREBY ORDERED, ADJUDGED, DECREED judgment of Alain Piton appeals judgment of (Preska, J.) convicting him, after jury trial and denials his motions acquittal, one count mail theft in violation U.S.C. § one count conspiracy commit violation U.S.C. § On appeal, convictions sufficient basis instruct avoidance. assume parties’ familiarity facts record prior proceedings, which refer only as necessary explain decision affirm. *3 Sufficiency the Evidence defendant who challenges the the evidence supporting conviction “bears heavy burden.” Griffith, F.3d (2d Cir. “must the jury’s guilty verdict if viewing the evidence the light most favorable the prosecution, any trier fact could found essential elements crime beyond reasonable doubt.” Heras, 2010) (quotation marks omitted). that there evidence checks recovered from stolen from mail; he possessed them with knowledge had been from mail; he acted with intent contribute success scheme; agreed another person steal mail.

Based on review record, including evidence home cellphone, post arrest statements, testimony various witnesses, overwhelming support jury’s findings each these elements. *4 Jury Instructions

argument concerning Court’s conscious avoidance instruction is essentially not enough juror aware high probability mail, such predicate give avoidance instruction. The challenge is merely variation argument have already rejected. See Aina Marshall, considered remaining arguments are without merit. For foregoing reasons, COURT:

Catherine O’Hagan Wolfe, Clerk