United States v. Moody

── United States v. Moody ── Case No.: 24-2924-cr Court: Court of Appeals for the Second Circuit Date: March 27, 2026 Category: General 24-2924-cr United States v. Moody UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND 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 THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 27th day of March, two thousand twenty-six. Present: AMALYA L. KEARSE, WILLIAM J. NARDINI, EUNICE C. LEE, Circuit Judges. ____________________________________ UNITED STATES OF AMERICA, Appellee, v. 24-2924-cr BYRON M. MOODY, Defendant-Appellant. _____________________________________ For Appellee: Tiffany H. Lee, Assistant United States Attorney, for Michael DiGiacomo, United States Attorney for the Western District of New York, Buffalo, NY For Defendant-Appellant: Martin J. Vogelbaum, Federal Public Defender’s Office, Western District of New York, Buffalo, NY 1  Appeal from a judgment of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED IN PART and REMANDED. Defendant-Appellant Byron M. Moody appeals from a judgment following revocation of supervised release entered on October 24, 2024, in the United States District Court for the Western District of New York. On December 14, 2021, Moody pleaded guilty to one count of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g). On March 17, 2022, the district court sentenced Moody to a term of imprisonment of sixty months, to be followed by three years of supervised release. The district court orally pronounced the mandatory and special conditions of supervised release but, as to certain other discretionary conditions, stated only that Moody “shall comply with the standard conditions that have been adopted by this court.” Joint App’x at 185. Those conditions were not referenced in Moody’s pre-sentence report (“PSR”), but they were incorporated into the written judgment, which listed those thirteen “standard” conditions. One of the “standard” discretionary conditions specified in the written judgment mandated that Moody “live at a place approved by [his] probation officer.” Joint App’x at 197. Moody did not appeal from that judgment. Within a few months of the commencement of Moody’s supervised release on August 18, 2023, his compliance with his conditions of release became a recurring problem. On December 11, 2023, the United States Probation Office filed a petition with the district court alleging that Moody had violated the condition mandating that he live at a place approved by his probation officer. Moody appeared on the petition on December 21, 2023, and the district court adjourned the case for three months to allow Moody to come into compliance with the condition. Moody 2 failed to appear for his next scheduled status appea