United States Second Circuit

Conviction and sentencing of defendant on two counts of conspiracy with intent to distribute cocaine and one count of attempt to possess with intent to distribute cocaine, 21 U.S.C. section 841(b)(1)(A) and 846, are upheld where the district court correctly admitted, as not protected by the attorney-client privilege, portions of a phone call defendant made to his sister while incarcerated, instructing her to tell his brother to tell his lawyer that he wanted to "cop out" to a plea before he was indicted.

Appellate Information

• Decided 08/25/2011
• Published 08/25/2011

Judges

• POOLER

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• ROBIN C. SMITH, AMIE N. ELY