In the United States Court of Appeals For the Second Circuit ________

AUGUST TERM 2021

ARGUED: SEPTEMBER 1, 2021 DECIDED: JUNE 21, 2022

No. 19-4362-cr

UNITED STATES OF AMERICA, Appellee,

v.

SCOTT BODNAR, AKA PEP, TERRELL GIVENS, DONALD BURNS, Defendants,

ROBERT CAPELLI, Defendant-Appellant. ________

Appeal from the United States District Court for the District of Connecticut. ________ Before: WALKER, CALABRESI, and MENASHI, Circuit Judges. ________

Robert Capelli was convicted of possessing marijuana with intent to distribute, and of conspiracy to distribute and possess with 2 No. 19-4362 intent to distribute, 100 kilograms or