United States Second Circuit

Defendant's convictions for conspiring to import heroin into the U.S., conspiring to possess with intent to distribute heroin, and possessing heroin with intent to distribute are vacated where the district court erred in applying United States v. Barrow, 400 F.3d 109 (2d Cir. 2005), to whether certain evidence elicited at trial would open the door to the admission of proffer statements.

Appellate Information

• Decided 05/21/2010
• Published 05/21/2010

Judges

• POOLER, Circuit Judge:, LEVAL, POOLER, and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Daniel Nobel, New York, New York, for Defendant-Appellant., John J. Durham, Assistant United States Attorney, for Benton J. Campbell, United States Attorney, Eastern District of New York (Susan Corkery, Assistant United States Attorney, on the brief), for Appellee.