United States Second Circuit

Convictions of conspiracy to distribute and possess with intent to distribute in excess of 1,000 kilograms of marijuana are affirmed where: 1) the testimony of a former co‐defendant who pleads guilty during trial and then agrees to testify as a government witness at that same trial is admissible so long as the district court takes steps to avoid undue prejudice to the remaining defendants; and 2) the evidence adduced at trial was sufficient to permit the jury to conclude that defendant Mitchell knowingly joined a conspiracy to distribute more than 1,000 kilograms of marijuana, and that such an amount was reasonably foreseeable to him.

Appellate Information

• Published 2017/02/15

Judges

• POOLER

Court

• United States Second Circuit

Counsel