United States Second Circuit

Defendants' drug conspiracy convictions and sentences are affirmed where 1) the district court improperly relied on "acquitted conduct" to establish drug quantity at sentencing, but the error was harmless; and 2) certain impeachment testimony – describing defendant's transport and delivery of cocaine – related to the charged conspiracy, and contradicted defendant's statement on direct examination that he had no contact with drugs during the relevant period.

Appellate Information

• Argued 12/17/2009
• Decided 06/29/2010
• Published 06/29/2010

Judges

• BARRINGTON D. PARKER, Circuit Judge

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Sullivan, Jr., Barry A. Weinstein