Gutierrez v. Smith

10-4478-pr Gutierrez v. Smith 1 2 UNITED STATES COURT OF APPEALS 3 FOR THE SECOND CIRCUIT 4 5 August Term, 2011 6 7 (Argued: February 17, 2012 Decided: August 31, 2012) 8 9 Docket No. 10-4478-pr 10 11 12 OMAR GUTIERREZ, 13 14 Petitioner-Appellant, 15 16 – v. – 17 18 JOSEPH SMITH, 19 20 Respondent-Appellee. 21 22 23 24 Before: JACOBS, Chief Judge, CALABRESI and POOLER, Circuit Judges. 25 26 Omar Gutierrez appeals from the denial of a petition for a writ of habeas corpus in 27 which he argued that the evidence at trial was insufficient to support his conviction for 28 depraved indifference…