United States Second Circuit

Defendant's conviction of being a felon in possession of a firearm (Count I) and possession of a controlled substance (Count II) is: 1) affirmed as to Count I; but 2) reversed as to Count II, where while it is not an absolute impossibility for a person with his hands securely handcuffed behind his back to extract a substantial quantity of crack cocaine from his person or clothing and wedge it into the space where the quantity was found without leaving a trace of cocaine on his fingers or clothing, but the possibility of such an occurrence is so exceedingly remote that no jury could reasonably find beyond a reasonable doubt that it happened.

Appellate Information

• Decided 01/17/2014
• Published 01/17/2014

Judges

• NEWMAN

Court

• United States Second Circuit

Counsel