United States Second Circuit

Conviction for murder while engaging in a drug offense is affirmed where: 1) because some drug conspiracies in violation of 21 U.S.C. section 846 are "punishable under" section 841(b)(1)(A), criminal liability under section 848(e)(1)(A) requires no active involvement in drug distribution; 2) the nexus between a murder and a drug offense need not be more than the "substantive connection" described in US v. Desinor, 525 F.3d 193, 202 (2d Cir. 2008); and 3) the evidence adduced at trial that defendant killed the two victims while engaging in a drug offense punishable under 21 U.S.C. section 841(b)(1)(A) was sufficient for a jury to convict him under 21 U.S.C. section 848(e)(1)(A).

Appellate Information

• Decided 09/02/2008
• Published 09/02/2008

Judges

Court

• United States Second Circuit

Counsel