United States Second Circuit

Defendant's drug conspiracy conviction and sentence are affirmed where: 1) a brief and fleeting comment on the defendant's incarceration during trial, without more, did not impair the presumption of innocence to such an extent that a mistrial is required; 2) the government never relied upon certain challenged testimony, and a curative instruction could easily have done more harm than good by focusing the jurors on two allusive references that they otherwise might have missed or construed as innocuous; and 3) defendant's sentence was unaffected by his juvenile drug offense.

Appellate Information

• Decided 03/12/2010
• Published 03/12/2010

Judges

• DENNIS JACOBS, Chief Judge:, Before JACOBS, Chief Judge, HALL, Circuit Judge, and MURTHA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Arza Feldman, Feldman and Feldman, Uniondale, NY, for Appellant.


• For Appellees:
  
• Preet Bharara, John T. Zach, Julian J. Moore, and Iris Lan, United States Attorney's Office of the Southern District of New York, New York, NY, for Appellee.