United States v. Conrad Williams & Wilbert McKenzie Conrad Williams, 936 F.2d 698 (2d Cir. 1991). · Go Syfert
United States v. Conrad Williams & Wilbert McKenzie Conrad Williams, 936 F.2d 698 (2d Cir. 1991). Cases Citing This Book View Copy Cite
99 citation events (53 in the last 25 years) across 21 distinct courts.
Strongest positive: United States v. Ashburn (nyed, 2014-12-30)
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examined Cited as authority (verbatim quote) United States v. Ashburn (3×) also: Cited as authority (rule), Cited "see"
E.D.N.Y · 2014 · quote attribution · 1 verbatim quote · confidence high
if the confession, when so viewed, does not incriminate the defendant, then it may be admitted with a proper limiting instruction even though other evidence in the case indicates that the neutral pronoun is in fact a reference to the defendant.
discussed Cited as authority (rule) United States v. Taylor
2d Cir. · 2014 · confidence medium
United States v. Jass, 569 F.3d at 50 ; see United States v. Yousef, 327 F.3d 56, 149-50 (2d Cir.2003); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991); United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989).
discussed Cited as authority (rule) United States v. Taylor
2d Cir. · 2014 · confidence medium
Along these lines, we have previously allowed proper names to be replaced with the following terms (among others): “another person,” id. at *29 59; “others,” “other people,” and “another person,” United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989); the pronoun “he,” United States v. Kyles, 40 F.3d 519, 526 (2d Cir.1994); “this guy,” “another guy,” and “similar language,” United States v. Williams, 936 F.2d 698, 699, 701 (2d Cir.1991); and “friend,” United States v. Benitez, 920 F.2d 1080, 1087 (2d Cir.1990).
discussed Cited as authority (rule) United States v. Brown
2d Cir. · 2010 · confidence medium
To determine if a redacted confession may be admitted, “we examine first whether [the] redacted confession indicated to the jury that the original statement contained actual names and, second, whether the redacted confession, even if the very first item introduced at trial[,] would immediately inculpate [the non-declarant defendant] in the charged crime.” Jass, 569 F.3d at 61 (internal citations and quotation marks omitted). “[T]he appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at…
discussed Cited as authority (rule) United States v. Kahale
E.D.N.Y · 2009 · confidence medium
Thus, in analyzing these issues, a court reviewing the admissibility of a redacted statement which employs neutral pronouns must “view the confession in isolation from the other evidence” in order to insure that “the confession, when so viewed, does not incriminate the defendant.” United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991).
examined Cited as authority (rule) United States v. Jass (4×)
2d Cir. · 2009 · confidence medium
Jass argues that the substitution of neutral pronouns or words such as “another person” for her own name in Leight’s confession — a practice previously approved by our court, see, e.g., United States v. Williams, 936 F.2d 698, 700 (2d *55 Cir.1991) — was inadequate to avoid this violation in light of the Supreme Court’s application of Bruton in Gray v. Maryland, 523 U.S. 185 , 118 S.Ct. 1151 , 140 L.Ed.2d 294 (1998).
discussed Cited as authority (rule) Bowen v. Phillips (2×)
S.D.N.Y. · 2008 · confidence medium
United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991) (citations omitted). 7 The Supreme Court has cautioned, however, that a redaction of a confession or other statement that leaves an “obvious blank space ... or other obvious indication of alteration,” leaves the statement “similar enough to Bruton’s unredacted confessions [to be objectionable].” Gray v. Maryland, 523 U.S. 185, 192, 195 , 118 S.Ct. 1151 , 140 L.Ed.2d 294 (1998) (citing as examples “redactions that replace a proper name with an obvious blank, the word *419 ‘delete,’ a symbol, or similarly notify the jury …
cited Cited as authority (rule) United States v. Gedinez
2d Cir. · 2008 · confidence medium
United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991).
examined Cited as authority (rule) United States v. Lujan (3×) also: Cited "see"
D.N.M. · 2007 · confidence medium
See, e.g., United States v. Vega Molina, 407 F.3d 511, 519-21 (1st Cir.2005) (holding that non-testifying co-defendant’s redacted confession, describing crimes in detail, acknowledging his participation in them, but using terms such as “other individuals” or “another person” when mentioning his co-defendants, was not so powerfully incriminating to bring Bruton proscription to bear); United States v. Logan, 210 F.3d 820, 822 (8th Cir.2000) (determining there was no Sixth Amendment violation where officer testified that co-defendant said that he and “another individual” had planned…
discussed Cited as authority (rule) United States v. Henderson
S.D.N.Y. · 2006 · confidence medium
In United States v. Williams, 936 F.2d 698 (2d Cir.1991), the Second Circuit held that the Bruton problem could be remedied by the substitution of neutral pronouns for the name of defendant, and that if the redacted confession, by itself, “does not incriminate the defendant, then it may be admitted with a proper limiting instruction even though other evidence in the case indicates that the neutral pronoun is in fact a reference to the defendant.” Id., at 701.
discussed Cited as authority (rule) United States v. Harris (2×) also: Cited "see"
2d Cir. · 2006 · confidence medium
The law in this circuit holds that a defendant sustains no Sixth Amendment Bruton injury if a co-defendant’s inculpatory statement is redacted so that “ ‘the statement standing alone does not otherwise connect [the non-declarant defendant] to the crime[ ].’ ” United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991) (quoting United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989)); see also United States v. Mussaleen, 35 F.3d 692, 696 (2d Cir.1994).
discussed Cited as authority (rule) United States v. Reyes
E.D. Va. · 2005 · confidence medium
Compare Spears v. Mullin, 343 F.3d 1215, 1232 (10th Cir.2003) ("[T]his court has held that neutral pronouns are proper, if a defendant's incrimination is by reference to evidence other than the modified statement and the jury receives a proper limiting instruction.”); U.S. v. Vega Molina, 407 F.3d 511, 520 (1st Cir.2005) (holding that a court’s inquiry is limited to whether the confession, standing alone, implicates the non-confessing defendant); United States v. Jimenez, 77 F.3d 95, 98 (5th Cir.1996) (same); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) (same); U.S. v. She…
cited Cited as authority (rule) Eric Lee Trevino v. State
Tex. App. · 2004 · confidence medium
United States v. Williams, 936 F.2d 698, 700-01 (2d Cir. 1991).
cited Cited as authority (rule) Eric Lee Trevino v. State
Tex. App. · 2004 · confidence medium
United States v. Williams , 936 F.2d 698, 700-01 (2d Cir. 1991).
discussed Cited as authority (rule) United States v. Collins
D.S.D. · 2002 · confidence medium
See United States v. Edwards, 159 F.3d 1117 , 1124-26 (8th Cir.1998) (use of "we", "they", "someone" and "others"), cert, denied, 528 U.S. 825 , 120 S.Ct. 309 , 145 L.Ed.2d 64 (1999); United States v. Jones, 101 F.3d 1263 , 1270 & n. 5 (8th Cir. 1996) ("we" and "they"), cert, denied,; United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) ("another guy"); United States v. Briscoe, 896 F.2d 1476, 1502 (7th Cir.) ("we"), cert, denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Garcia, 836 F.2d 385, 390-91 (8th Cir.1987) ("someone"). [2] In denying Collins' Mot…
discussed Cited as authority (rule) United States v. Collins
D.S.D. · 2002 · confidence medium
See United States v. Edwards, 159 F.3d 1117 , 1124-26 (8th Cir.1998) (use of "we”, "they”, "someone” and "others”), cert. denied, 528 U.S. 825 , 120 S.Ct. 309 , 145 L.Ed.2d 64 (1999); United States v. Jones, 101 F.3d 1263 , 1270 & n. 5 (8th Cir.1996) ("we” and "they”), cert. denied,; United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) ("another guy”); United States v. Briscoe, 896 F.2d 1476, 1502 (7th Cir.) ("we”), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Garcia, 836 F.2d 385, 390-91 (8th Cir.1987) ("someone”). .
discussed Cited as authority (rule) United States v. Juan Ignacio Sanin
2d Cir. · 2001 · confidence medium
Similarly redacted statements have been upheld in United States v. Alvarado, 882 F.2d 645, 652-53 (2d Cir. 1989), cert. denied, 493 U.S. 1071 (1990); United States v. Smith, 918 F.2d 1032, 1038 (2d Cir. 1990); and United States v. Williams, 936 F.2d 698, 700 (2d Cir.), cert. denied, 498 U.S. 1125 (1991).
discussed Cited as authority (rule) United States v. Sanin
2d Cir. · 2001 · confidence medium
Similarly redacted statements have been upheld in United States v. Alvarado, 882 F.2d 645, 652-53 (2d Cir.1989), cert. denied, 493 U.S. 1071 , 110 S.Ct. 1114 , 107 L.Ed.2d 1021 (1990); United States v. Smith, 918 F.2d 1032, 1038 (2d Cir.1990), cert. denied, 498 U.S. 1125 , 111 S.Ct. 1086 , 112 L.Ed.2d 1191 (1991); and United States v. Williams, 936 F.2d 698, 700 (2d Cir.).
discussed Cited as authority (rule) United States v. Guzman
unknown court · 2001 · confidence medium
This court has held that “the appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at trial.” Unit ed States v. Williams, 936 F.2d 698, 700 (2d Cir.1991).
discussed Cited as authority (rule) United States v. Cambrelen
unknown court · 2001 · confidence medium
Although it is insufficient simply to substitute a blank space or the word “deleted” for the nondeclarant’s name, see Gray v. Maryland, 523 U.S. 185, 188 , 118 S.Ct. 1151 , 140 L.Ed.2d 294 (1998), a codefendant’s statement may be admitted if the redaction replaces the deleted name with a neutral phrase such as “another guy,” see, e.g., Gray v. Maryland, 523 U.S. at 196 , 118 S.Ct. 1151 (suggesting that the witness could have said “[m]e and a few other guys” instead of saying “[m]e, deleted, deleted, and a few other guys”); United States v. Williams, 936 F.2d 698, 700-01 (2d…
discussed Cited as authority (rule) United States v. Benjamin Matthew Logan, Also Known as Matt Logan (2×)
8th Cir. · 2000 · confidence medium
See, e.g., United States v. Verduzco-Martinez, 186 F.3d 1208, 1212-15 (10th Cir.1999); United States v. Lage, 183 F.3d 374, 387-88 (5th Cir.1999), cert. denied, - U.S. -, 120 S.Ct. 1179 , 145 L.Ed.2d 1086 (2000), - U.S. -, 120 S.Ct. 1180 , 145 L.Ed.2d 1086 (2000); United States v. Sherlin, 67 F.3d 1208, 1215-17 (6th Cir.1995), cert. denied, 516 U.S. 1082 , 116 S.Ct. 795 , 133 L.Ed.2d 744 (1996); 517 U.S. 1158 , 116 S.Ct. 1548 , 134 L.Ed.2d 650 (1996); United States v. Hoac, 990 F.2d 1099, 1105-07 (9th Cir.1993), cert. denied, 510 U.S. 1120 , 114 S.Ct. 1075 , 127 L.Ed.2d 392 (1994); United Stat…
discussed Cited as authority (rule) United States v. Benjamin M. Logan (2×) also: Cited "see"
8th Cir. · 2000 · confidence medium
See, e.g., United States v. Verduzco-Martinez, 186 F.3d 1208, 1212-15 (10th Cir. 1999); United States v. Lage, 183 F.3d 374, 387-88 (5th Cir. 1999), cert. denied, 2000 WL 197669 , 2000 WL 197670 (U.S. Feb. 22, 2000); United States v. Sherlin, 67 F.3d 1208, 1215-17 (6th Cir. 1995), cert. denied, 516 U.S. 1082 , 517 U.S. 1158 (1996); United States v. Hoac, 990 F.2d 1099, 1105-07 (9th Cir. 1993), cert. denied, 510 U.S. 1120 (1994); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir. 1991); and United States v. Vogt, 910 F.2d 1184, 1191-92 (4th Cir. 1990), cert. denied, 498 U.S. 1083 (1991).
discussed Cited as authority (rule) United States v. Verduzco-Martinez
10th Cir. · 1999 · confidence medium
As we noted in United States v. Green, “ ‘[i]f the confession ... does not incriminate the defendant, then it may be admitted with a proper limiting instruction even though other evidence in the case indicates that the neutral pronoun is in fact a reference to the defendant.’ ” Green, 115 F.3d 1479, 1484 (10th Cir.1997) (quoting United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991)), cert, denied, — U.S. —, 118 S.Ct. 1309 , 140 L.Ed.2d 474 (1998).
cited Cited as authority (rule) Commonwealth v. Wilson
Mass. App. Ct. · 1999 · confidence medium
See Commonwealth v. Crowe, 21 Mass. App. Ct. 456, 477-478 , cert, denied, 479 U.S. 838 (1986); United States v. Williams, 936 F.2d 698, 700-701 (2d Cir. 1991).
discussed Cited as authority (rule) United States v. Darlene M. Edwards, United States of America v. Richard W. Brown, United States of America v. Earl D. Sheppard, Also Known as Skip Sheppard, United States of America v. Bryan E. Sheppard, United States of America v. George Frank Sheppard, Also Known as Frank Sheppard
8th Cir. · 1998 · confidence medium
See United States v. Jones, 101 F.3d 1263 , 1270 & n. 5 (8th Cir.1996) (use of "we" and "they"); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) ("another guy"); United States v. Briscoe, 896 F.2d 1476, 1502 (7th Cir.1990) ("we"); United States v. Garcia, 836 F.2d 385, 390-91 (8th Cir.1987) ("someone").
discussed Cited as authority (rule) United States v. Darlene M. Edwards
8th Cir. · 1998 · confidence medium
See United States v. Jones, 101 F.3d 1263 , 1270 & n. 5 (8th Cir.1996) (use of “we” and “they”); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) (“another guy”); United States v. Briscoe, 896 F.2d 1476, 1502 (7th Cir.1990) (“we”); United States v. Garcia, 836 F.2d 385, 390-91 (8th Cir.1987) (“someone”).
cited Cited as authority (rule) United States v. Eric Devon Green, Vincent Berry, William Leroy Harding
10th Cir. · 1997 · confidence medium
(Citations omitted.) Id. at 700.
discussed Cited as authority (rule) United States v. Murgas
N.D.N.Y. · 1997 · confidence medium
The court suggests that to avoid any prejudice that would require a severance here, the government should redact the names of any codefendant contained in any confession offered into evidence against its maker in accordance with United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991).
discussed Cited as authority (rule) State v. Gray
Md. · 1997 · confidence medium
See, e.g., United States v. Hoac, 990 F.2d 1099, 1105 (9th Cir.1993); United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991); United States v. Strickland, 935 F.2d 822, 825-26 (7th Cir.1991); United States v. Donahue, 948 F.2d 438, 444 (8th Cir.1991); United States v. Vogt, 910 F.2d 1184, 1192 , (4th Cir.1990); United States v. Espinoza-Seanez, 862 F.2d 526, 535 (5th Cir.1988); United States v. Gonzales, 749 F.2d 1329, 1334 (9th Cir.1984); United States v. Belle, 593 F.2d 487, 493 (3d Cir.1979); Hodges v. Rose, 570 F.2d 643, 646-47 (6th Cir.1978); United States v. Dady, 536 F.2d 675, 677-7…
discussed Cited as authority (rule) State v. Gray
Md. · 1997 · confidence medium
See, e.g., United States v. Hoac, 990 F.2d 1099 , 1105 (9th Cir.1993); United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991); United States v. Strickland, 935 F.2d 822, 825-26 (7th Cir. 1991); United States v. Donahue, 948 F.2d 438, 444 (8th Cir.1991); United States v. Vogt, 910 F.2d 1184, 1192 , (4th Cir.1990); United States v. Espinoza-Seanez, 862 F.2d 526, 535 (5th Cir.1988); United States v. Gonzales, 749 F.2d 1329, 1334 (9th Cir.1984); United States v. Belle, 593 F.2d 487, 493 (3d Cir.1979); Hodges v. Rose, 570 F.2d 643, 646-47 (6th Cir.1978); United States v. Dady, 536 F.2d 675, 677…
discussed Cited as authority (rule) United States v. Giampa
D.N.J. · 1995 · confidence medium
See, e.g., United States v. Chrismon, 965 F.2d 1465, 1472-73 (7th Cir.1992) (holding that admission of statement with references to “we” or “they,” which did not directly implicate defendant, did not violate defendant’s confrontation rights); United States v. Washington, 952 F.2d 1402, 1405 (D.C.Cir.1991) (holding that when “all references to the defendant in a eodefendant’s statement are replaced with indefinite pronouns or other general terms, the Confrontation Clause is not violated by the redacted statement’s admission if, when viewed together with other evidence, the state…
discussed Cited as authority (rule) State v. Craney
Me. · 1995 · confidence medium
Some jurisdictions have adopted the facial implication doctrine, holding that a redacted confession, in which the names of defendants have been replaced with neutral pronouns, is admissible, provided that “the statement standing alone does not otherwise connect codefend-ants to the crimes.” See United States v. Williams, 936 F.2d 698, 700 (2nd Cir.1991).
discussed Cited as authority (rule) State v. Tucker
Haw. App. · 1993 · confidence medium
United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991); United States v. Vogt, 910 F.2d 1184, 1192 (4th Cir.1990), cert. denied, 498 U.S. 1083 , 111 S.Ct. 955 , 112 L.Ed.2d 1043 (1991); United States v. Strickland, 935 F.2d 822, 826 (7th Cir. 1991), cert. denied, ___ U.S. ___, 112 S.Ct. 884 , 116 L.Ed.2d 787 (1992); United States v. Vasquez, 874 F.2d 1515, 1518 (11th Cir. 1989), cert. denied, 493 U.S. 1046 , 110 S.Ct. 845 , 107 L.Ed.2d 840 (1990).
cited Cited as authority (rule) State v. Tucker
Haw. App. · 1993 · confidence medium
United States v. Williams, 936 F.2d 698, 700 (2d Cir. 1991); United States v. Vogt, 910 F.2d 1184, 1192 (4th Cir. 1990), cert. denied, 498 U.S. 1083 , 111 S. Ct. 955 , 112 L.
discussed Cited as authority (rule) United States v. Evangelista (2×)
D.N.J. · 1993 · confidence medium
In United States v. Williams, 936 F.2d 698, 701 (2d Cir.1991), the court held that an F.B.I. agent’s testimony describing one defendant's confession did not violate the Bruton rights of his codefendant because the statement referred to the codefendant only with neutral references such as “this guy.” Decisions in the Second Circuit have consistently held that confessions in which a eodefendant’s name is replaced with a neutral pronoun do not violate the Bruton rule “ ‘where the statement standing alone does not otherwise connect co-defendants to the crimes.’ ” Id., at 700. 5 The…
examined Cited as authority (rule) United States v. Leonard (3×) also: Cited "see"
E.D.N.Y · 1992 · confidence medium
Moreover, the Second Circuit has repeatedly approved of the admission of “redacted confessions in which the names of co-defendants were replaced by neutral pronouns and “where the statement standing alone does not otherwise connect co-defendants to crimes.’ ” United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991) (quoting United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989), cert. denied, 493 U.S. 1081 , 110 S.Ct. 1139 , 107 L.Ed.2d 1044 (1990)); see also United States v. Wilkinson, 754 F.2d 1427, 1435 (2d Cir.), cert. denied, 472 U.S. 1019 , 105 S.Ct. 3482 , 87 L.Ed.2d 617 (…
discussed Cited as authority (rule) United States v. Eric Chrismon, Andrew Poe, and Baron Jackson
7th Cir. · 1992 · confidence medium
See United States v. Washington, 952 F.2d 1402, 1405 (D.C.Cir.1991) (references to "somebody else” and "an individual at the scene” did not violate Bruton), cert. denied, — U.S. -, 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); United States v. Donahue, 948 F.2d 438, 444 (8th Cir.1991) ("two or three references to ‘everyone’ and ‘they’" did not violate Bruton), cert. denied, — U.S. -, 112 S.Ct. 1600 , 118 L.Ed.2d 314 (1992); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) (‘‘[W]e view the redacted confession in isolation from the other evidence introduced at trial.
discussed Cited as authority (rule) United States v. Stephen Washington, United States of America v. Christopher Jones
D.C. Cir. · 1992 · confidence medium
The Second Circuit, perhaps speaking most broadly, has said that as long as a redacted statement does not itself incriminate the defendant, presumably by using the defendant’s name, the Bruton/Richardson test is satisfied “even though other evidence in the case indicates that the neutral pronoun is in fact a reference to the defendant.” United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991).
discussed Cited "see" United States v. Rivera
unknown court · 2015 · signal: see · confidence high
See United States v. Jass, 569 F.3d 47 , 56 n. 5 (2d Cir.2009). “[T]he appropriate analysis to be used when applying the Bruton rule requires that [the court] view the redacted confession in isolation from other evidence introduced at trial.” United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991).
discussed Cited "see" United States v. Verges
E.D. Va. · 2014 · signal: see · confidence high
See United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991) (“If the confession ... does not incriminate the defendant, then it may be admitted with a proper limiting instruction even though other evidence in the case indicates that the neutral pronoun is in fact a reference to the defendant.”); see also United States v. Smith, 43 Fed.Appx. 529, 533 (4th Cir.2002) (noting that “the Confrontation Clause is not violated by the admission of a non-testifying eo-defendant’s confession that has been redacted to eliminate the defendant’s name and any reference to his existence where a li…
discussed Cited "see" United States v. Taylor (2×)
S.D.N.Y. · 2010 · signal: see · confidence high
See United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991).
discussed Cited "see" United States v. Scott
S.D.N.Y. · 2008 · signal: see · confidence high
See United States v. Williams, 936 F.2d 698, 700 (2d Cir.1991); United States v. Alvarado, 882 F.2d 645, 652 (2d Cir.1989), overruled on other grounds, Bailey v. United States, 516 U.S. 137 , 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995); United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989); United States v. Martinez-Montilla, 135 F.Supp.2d 422, 424-25 (S.D.N.Y.2001).
discussed Cited "see" Haymon v. New York
W.D.N.Y. · 2004 · signal: accord · confidence high
Accordingly, the Supreme Court held “that the Confrontation Clause is not violated by the admission of a non-testifying co-defendant’s confession with a proper limiting instruction when, as here, the confession is redacted to eliminate not only the defendant’s name, but. any reference to his or her existence.” Id. at 211 , 107 S.Ct. 1702 ; accord, e.g., United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.l99i). 4 As in Richardson, co-defendant Sheriffs statement was substantially redacted and did not mention, let alone directly incriminate Haymon.
discussed Cited "see" United States v. Wimbley
2d Cir. · 2001 · signal: see · confidence high
See United States v. Williams, 936 F.2d 698, 701 (2d Cir.1991) (holding that a plea referring to “another guy” does not violate the Bruton rule); United States v. Alvarado, 882 F.2d 645, 652-53 (2d Cir.1989) (holding that a redacted plea referring to “another person” was permissible under B'ruton)-, United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989) (“[A] redacted statement in which the names of co-defendants are replaced by neutral pronouns, with no indication to the jury that the original statement contained actual names, and where the statement standing alone does not othe…
discussed Cited "see" United States v. Martinez-Montilla (2×) also: Cited "see, e.g."
S.D.N.Y. · 2001 · signal: see · confidence high
See Williams, 936 F.2d at 700 (affirming admission of statement redacted to replace references to co-defendant with “another guy” or similar language with limiting in *425 struction is deemed sufficient to dispel any Bruton problems); see also United States v. Smith, 198 F.3d 377, 385 (2d Cir.1999)(finding redacted statement admissible because it was not incriminating on its face, notwithstanding other evidence permitting jury to make inferences identifying co-Defendant).
cited Cited "see" United States v. Mohamad Mussaleen, Also Known as Johnny, and Sean Courtney McKinnon Hubert Terence Gill
2d Cir. · 1994 · signal: see · confidence high
See generally, United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) (discussing Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968) and its progeny).
discussed Cited "see, e.g." United States v. Lyle
2d Cir. · 2019 · signal: see also · confidence low
Id. (citing United States v. Wilkinson , 754 F.2d 1427 , 1435 (2d Cir. 1985) ); see also United States v. Williams , 936 F.2d 698 , 700-01 (2d Cir. 1991) ("[T]he appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at trial.
discussed Cited "see, e.g." United States v. Lyle & Van Praagh
2d Cir. · 2019 · signal: see also · confidence low
Id. (citing United States v. Wilkinson, 754 F.2d 1427, 1435 (2d Cir. 1985)); see also United States v. Williams, 936 F.2d 698 , 700‐01 (2d Cir. 1991) (ʺ[T]he appropriate analysis to be used when applying the Bruton rule requires that we 34 view the redacted confession in isolation from the other evidence introduced at trial.
discussed Cited "see, e.g." United States v. Lyle
2d Cir. · 2017 · signal: see also · confidence medium
Id. (citing United States v. Wilkinson, 754 F.2d 1427, 1435 (2d Cir. 1985)); see also United States v. Williams, 936 F.2d 698, 700-01 (2d Cir. 1991) (“[T]he appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at trial.
discussed Cited "see, e.g." United States v. Lyle & Van Praagh
2d Cir. · 2017 · signal: see also · confidence low
Id. (citing United States v. Wilkinson, 754 F.2d 1427, 1435 (2d Cir. 1985)); see also United States v. Williams, 936 F.2d 698 , 700‐01 (2d Cir. 1991) (ʺ[T]he appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at trial.
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UNITED STATES of America, Appellee,
v.
Conrad WILLIAMS and Wilbert McKenzie, Defendants, Conrad Williams, Defendant-Appellant
880, Dockets 90-1496, 90-1497.
Court of Appeals for the Second Circuit.
Jun 19, 1991.
936 F.2d 698
1991 U.S. App. LEXIS 12807
Casey Donovan, New York City, for defendant-appellant., Henry J. DePippo, Asst. U.S. Atty. (Otto B. Obermaier, U.S. Atty., S.D.N.Y., Daniel C. Richman, Asst. U.S. Atty., New York City, of counsel), for appellee.
Lumbard, Winter, Walker.
Cited by 67 opinions  |  Published
WINTER, Circuit Judge:

Conrad Williams appeals from his conviction by a jury for assaulting a federal officer in violation of 18 U.S.C. § 111 (1988), use of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c) (1988), and conspiracy to steal government funds in violation of 18 U.S.C. § 371 (1988). Williams claims that his rights under the confrontation clause of the Sixth Amendment were violated when testimony concerning a confession by his codefendant, Wilbert McKenzie, was admitted at their joint trial. McKenzie’s confession was redacted and references to Williams were replaced by words such as “another guy,” or similar language. However, Williams’s own confession, which was also before the jury, interlocked with that of McKenzie in such detail that the jury could easily have concluded that Williams was the other “guy” referred to in McKenzie’s confession. Our decisions allow a codefendant’s confession to be admitted with a proper limiting instruction where redaction replaces a reference to the defendant with a neutral pronoun. The fact that other evidence identifies the defendant as the coper-petrator mentioned in the codefendant’s confession does not affect its admissibility so long as the confession, viewed in isolation, does not implicate the defendant. We therefore affirm.

BACKGROUND

The evidence established that Williams agreed to sell two and one-half kilograms of cocaine to Freddy Diaz, a government informant, for $60,000. On the appointed day, Williams picked up McKenzie, who was waiting on the street, and, after telling Diaz to follow, drove to a remote area where Williams and McKenzie got out of their car. As Diaz approached, Williams pointed a gun at him and demanded the money. Diaz then activated a beeper device that alerted surveilling agents. As the agents converged on the scene, Williams attempted to flee. Agent Kenneth Feld-man testified that Williams turned, faced him, and began to raise the hand in which Williams held his gun. Feldman then shouted “police” and fired his weapon repeatedly at Williams. Williams fell to the ground, and the agents disarmed and handcuffed him.

After Williams was taken to a hospital and treated for gunshot wounds, he told Agent John Welsh that he had never intended to sell cocaine but had intended to steal the money from Diaz with the help of McKenzie. The following day, McKenzie told the agents that he had agreed to help Williams steal the money.

[*700] Williams and McKenzie were charged with conspiracy to steal government property, attempted murder of a federal agent, assault on a federal agent, and use of a firearm during a crime of violence. Prior to trial, Williams moved for a severance on the ground that the government planned to introduce McKenzie’s statement at their joint trial in violation of the rule in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). In response, the government prepared redacted versions of Williams’s and McKenzie’s statements in which references to the other defendant were replaced with the words “another guy” or a similar neutral reference. Judge Keenan ruled that these redactions satisfied the Bruton rule.

The case was reassigned for trial before Judge Duffy and a jury and began on May 15, 1990. At the close of the evidence, he granted both defendants’ motions to dismiss count one of the indictment, the attempted murder charge. Williams was found guilty by the jury on the three remaining counts and was sentenced to 90 months incarceration. McKenzie, who was acquitted of assaulting a federal officer and use of a firearm in connection with a crime of violence but convicted of conspiracy to steal government property, was sentenced to 18 months incarceration.

DISCUSSION

Williams’s principal claim is that the district court erred in allowing Welsh to testify concerning the redacted statement of his codefendant, McKenzie, because that statement interlocked with Williams’s own confession. We disagree.

In Bruton, the Court held that the introduction of a codefendant’s hearsay confession implicating the defendant violated the defendant’s right of confrontation even when a limiting instruction was given. The Court reasoned that the prejudicial impact of such a confession was so great that a jury could not be expected to disregard it when considering the evidence against the defendant. The broad right enunciated in Bruton has since been limited by the Court. In Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987), the Court held that use of a codefendant’s hearsay confession does not violate the confrontation clause where a proper limiting instruction is given and the confession is redacted to eliminate any reference to his or her existence. Id. at 211, 107 S.Ct. at 1709. However, Richardson expressly reserved decision on the question of the admissibility of a confession where the redaction replaces the defendant’s name with a neutral pronoun. Id. In such a case, of course, the existence of another perpetrator is revealed to the jury, and the chances that the jury will be able to identify the defendant as that other perpetrator are enhanced. Richardson noted that the co-defendant’s confession in that case “was not incriminating on its face, and became so only when linked with evidence introduced later at trial (the defendant’s own testimony).” 481 U.S. at 208, 107 S.Ct. at 1707 (footnote omitted). The Court reasoned that “[wjhere the necessity of such linkage is involved, it is a less valid generalization that the jury will not likely obey the instruction to disregard the evidence.” Id.

Since Richardson, we have on several occasions admitted redacted confessions in which names of codefendants were replaced by neutral pronouns and “where the statement standing alone does not otherwise connect co-defendants to the crimes.” See United States v. Tutino, 883 F.2d 1125, 1135 (2d Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 1139, 107 L.Ed.2d 1044 (1990); see also United States v. Benitez, 920 F.2d 1080, 1087 (2d Cir.1990); United States v. Smith, 918 F.2d 1032, 1038 (2d Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 1086, 112 L.Ed.2d 1191 (1991); United States v. Alvarado, 882 F.2d 645, 652 (2d Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 1114, 107 L.Ed.2d 1021 (1990). These decisions have uniformly held that the appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at trial. If the confession, when so viewed, does not incriminate the defen[*701] dant, then it may be admitted with a proper limiting instruction even though other evidence in the case indicates that the neutral pronoun is in fact a reference to the defendant. This analysis is adopted directly from Richardson itself, and the principal extension of Richardson by our decisions is that they allow redacted confessions to refer to accomplices with neutral pronouns.

In the instant matter, McKenzie’s redacted confession does not incriminate Williams when viewed in isolation from other evidence. Agent Welsh testified that McKenzie had stated that:

... he met this guy, this guy said that he had met this guy named Freddy, that Freddy had shown him a lot of money and that he intended to rip this guy Freddy off of his money, would you go for the ride, and he responded by saying yes, I’ll go for the ride.
He also said that once he was in the car and these guys were following him, that he was just standing around and he got arrested.

Nothing in this testimony implicated Williams, and the court instructed the jury that McKenzie’s statement was not to be considered against Williams.

Viewed in light of the other evidence, particularly Williams’s own confession, one would quickly conclude that the neutral pronoun in McKenzie’s statement referred to Williams. Welsh testified concerning Williams’s statement as follows:

What he said was that he met a guy named Freddy on the 14th, that Freddy had shown him a lot of money, that he never had the two and a half kilograms that Freddy wanted for $21,000, that he had gone to look for another guy and that he couldn’t find this guy. He had gone to look for the other guy in order to rip this guy Freddy off. He couldn’t find that guy. When he had returned to where he left Freddy, Freddy was gone.
He said that on the day, the 15th, he had discussions with this guy Freddy again. Freddy said that he still had the .money [for] the two and a half kilograms and did he still want it. He said that— let me think—that he met Freddy again and this other guy that he didn’t know was with Freddy.
At this point he was looking for that same guy that he couldn’t find the night before again in order to rip this guy Freddy off of his money. He found that guy. He explained that he wanted to rob this guy Freddy of his money. This guy said that he agreed and he said he would go for the ride.

The interlocking of the confessions thus all but insured that a jury could identify the person referred to in McKenzie’s confession as Williams. Each statement referred to a plan to “go for a ride” in a car in order to steal “a lot of money” from a victim named “Freddy” who followed the car. Nevertheless, a jury would identify Williams as the other “guy” in McKenzie’s confession only if it disregarded the limiting instructions given by the district court. As noted, Richardson stated that where linkage to other evidence is necessary to connect the defendant to the crime described in a codefendant’s confession, the likelihood that a jury will disregard such a limiting instruction is less than in a case such as Bruton, in which the codefendant’s confession directly and expressly implicated the defendant. Admission of McKenzie’s testimony was thus not error.

We have examined appellant’s other arguments and conclude they are meritless. Williams argues that his confession was involuntary. A district court’s finding that a defendant made a knowing and voluntary waiver of his Miranda rights “must be upheld ‘if any reasonable view of the evidence supports it,’ and ‘any specific findings of fact made after a hearing are binding unless clearly erroneous.’ ” United States v. Tutino, 883 F.2d 1125, 1138 (2d Cir.1989) (quoting United States v. Hall, 724 F.2d 1055, 1060 (2d Cir.1983), and United States v. Kiendra, 663 F.2d 349, 351 (1st Cir.1981)), cert. denied, — U.S. —, 110 S.Ct. 1139, 107 L.Ed.2d 1044 (1990). The district court heard testimony from the agent who took the statement from Williams. According to that testimony, Williams was alert, unmedicated, and informed of his rights at the time he made his statement. Although Williams’s affidavit disclaims any recollection of making a[*702] voluntary statement, it does not directly controvert the agent’s testimony. It was thus well within the discretion of the district court to credit the agent’s testimony and discount the vague disclaimer in the affidavit.

We also reject Williams’s contention that the district court erred in denying him a downward adjustment for acceptance of responsibility. His acceptance of responsibility related to only a portion of the conduct for which he was convicted and came well after that conviction. Moreover, because McKenzie was convicted only on the conspiracy charge and did accept full responsibility for the crime, no unwarranted disparity between McKenzie’s and Williams’s respective sentences exists. We therefore affirm.