Debra Ann Livingston, Circuit Judge: In 1997, Fredy Cuenca, a livery cab driver, was robbed, shot, and killed after picking up a fare in the middle of the day in Brooklyn. Almost 14 years later, Rhan Powell admitted he was one of the two *53 passengers who robbed Cuenca. He also attested that Elvin Hill was the second passenger-the one who carried…
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