United States v. Fisher

── United States v. Fisher ── Court: Court of Appeals for the Second Circuit Date: June 04, 2026 Category: General 25-317-cr United States v. Fisher 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 4th day of June, two thousand twenty-six. PRESENT: ROBERT D. SACK, SUSAN L. CARNEY, MARIA ARAÚJO KAHN, Circuit Judges. _____________________________________ UNITED STATES OF AMERICA, Appellee, v. 25-317-cr AARON CROSS, ALBARO FELICIANO, EDWIN LOPEZ, AKA ED, OMAR MONTES, JOSHOEL MULLEN, AKA JOSH, RAFAEL VAZQUEZ, AKA RAFI, Defendants, GAWAYNE FISHER, AKA FRUIT,  Defendant-Appellant. _____________________________________ FOR APPELLEE: Natasha M. Freismuth & Elena Lalli Coronado, Assistant United States Attorneys, for David X. Sullivan, United States Attorney for the District of Connecticut, New Haven, CT. FOR DEFENDANT-APPELLANT: Robert A. Culp, Law Office of Robert A. Culp, Garrison, NY. Appeal from a judgment of the United States District Court for the District of Connecticut (Bolden, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the February 3, 2025, judgment of the district court is AFFIRMED. In 2008, Defendant-Appellant Gawayne Fisher was convicted of several narcotics offenses. He was sentenced to 120 months’ imprisonment, followed by 8 years’ supervised release. In 2021, Fisher was convicted of assault in the first degree in state court. This assault conviction also violated his terms of supervised release. In response to his violation of supervised release, the district court (Underhill, J.) sentenced him to 366 days’ imprisonment, followed by 18 months’ supervised release. 2  In early 2023, while Fisher was on supervised release for the above violation, a DEA investigation uncovered evidence that he was distributing heroin, fentanyl, cocaine, cocaine base, oxycodone, and Xanax. On April 25, 2023, a federal grand jury charged Fisher with two narcotics offenses. On January 11, 2024, Fisher pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and five kilograms or more of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846 and one count of money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(i). Fisher acknowledged in his plea agreement that these new offenses constituted Grade A and Grade B violations of his supervised release. On January 27, 2025, the district court (Bolden, J.) held a combined sentencing proceeding as to the new criminal matter and the violation of supervised release. The distri