United States v. Sheehan
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.
In October 2001, defendant-appellant Joseph Mitlof was convicted, following a jury trial in United States District Court for the Southern District of New York, of (1) engaging in fraud, neglect, connivance, misconduct or violations of law, through which the life of a person was destroyed, in violation of 18 U.S.C. § 1115;
Following trial, Mitlof filed motions for judgment of acquittal and for a new trial, pursuant to Fed.R.Crim.P. 29 and 33, asserting insufficiency of the evidence, witness perjury, and prosecutorial misconduct. In May 2002, the district court (McMahon, J.) denied these motions. At defendant’s subsequent sentencing, the court granted his downward departure request and imposed a term of two years’ probation, with six months’ home confinement, and a $200 special assessment. Mitlof is proceeding pro se in this appeal.
With respect to defendant’s sufficiency of the evidence claims, we affirm substan
We have considered all of appellant’s arguments and find them meritless. Accordingly, we AFFIRM the judgment of the district court.
. This provision is known as the Seaman's Manslaughter Statute.
. Mitlof has already filed a § 2255 motion in the district court, articulating his ineffective assistance claims. See also Massaro v. United States, 538 U.S. 500, 123 S.Ct. 1690, 1694, 155 L.Ed.2d 714 (2003) (noting that § 2255 is frequently preferable to direct appeal for presentation of such claims).
Reference
- Full Case Name
- United States v. Daniel SHEEHAN, Joseph mitlof
- Status
- Published