United States Second Circuit

Conviction for conspiring to distribute cocaine base and possessing with intent to distribute is affirmed and sentence is vacated and remanded where: 1) federal prosecutors did not seek to offer any evidence obtained by state officials in violation of the Sixth Amendment; 2) district court did not abuse discretion in denying a suppression hearing to enable the court to conclude that contested issues of fact existed as to whether defendant's initiation of conversation with the federal agents was "anything but voluntary"; 3) defendant did not demonstrate that the affiant knowingly misled the Judge; 4) it was highly unlikely that the challenged jury instruction improperly influenced the jury; and 5) district court has to determine whether it would impose a different sentence given its discretion to depart from the Guidelines for crack cocaine.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

Court

• United States Second Circuit

Counsel