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Defendants-appellants, Tai Todd, Jason Rose, Otis Fisher, Junior Robinson, and Ricardo Rodriguez (collectively, the "Defendants"), appeal from judgments of conviction and sentence entered, following a jury trial, in the United States District Court for the Southern District of New York (Scheindlin, J.) on September 27, 2005 (Todd, Fisher, and Robinson), December 27, 2005 (Rose), and July 2, 2007 (Rodriguez). Todd was convicted of one count of conspiracy to possess with intent to distribute between 5 and 50 grams of cocaine base and an unspecified amount of marijuana, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A) and 841(b)(1)(D). The remaining Defendants were convicted of conspiracy to possess with intent to distribute 50 grams or more of cocaine base as well as an unspecified amount of marijuana and of using and possessing firearms in furtherance of the conspiracy, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 924(c)(2). The District Court sentenced Todd to a term of imprisonment of 60 months and Fisher to consecutive terms of imprisonment totaling 211 months. The remaining Defendants each received consecutive sentences totaling 300 months. Before us on appeal are challenges to the seating of the jury, including a reverse-Batson challenge; sufficiency of the evidence; the introduction of a tape recording of an attempted sale of crack; certain evidentiary rulings; the alleged withholding of Brady material; a finding of competency to stand trial; and sentencing. For the reasons that follow, we affirm the Defendants' convictions and remand to the District Court for reconsideration of the sentence imposed on defendant Fisher in accordance with United States v. Regalado, 518 F.3d 143 (2d Cir.2008) (per curiam).


528 F.3d 110 (2008)

UNITED STATES of America, Appellee, v. Paul THOMPSON, Tyrone Kindred, Damion Henry, Stephen Reid, Defendants, Tai Todd, Otis Fisher, Junior Robinson, Jason Rose, Ricardo Rodriguez, Defendants-Appellants.

Docket Nos. 05-5255-cr(L), 05-7023-cr(con), 07-2966-cr(con), 05-5258-cr(con), 06-1210-cr(con), 05-5260-cr(con), 06-1219-cr(con).

United States Court of Appeals, Second Circuit.

Argued: May 12, 2008.

Decided: June 5, 2008.

As Amended July 1, 2008.