United States Second Circuit

Convictions of conspiracy to distribute 280 grams or more of cocaine base, 21 U.S.C. sections 841(b)(1)(A) and 846, using and carrying a firearm during and in relation to a drug trafficking crime,18 U.S.C. section 924(c), killing a person during and in relation to a conspiracy to distribute 280 grams or more of cocaine base, 21 U.S.C. section 848(e)(1)(A), brandishing and discharging a firearm during and in relation to a crime of violence, 18 U.S.C. section 924(c), and causing the death of a person through the use of a firearm during and in relation to the crack cocaine conspiracy, 18 U.S.C. section 924(j), are vacated and remanded for a new trial where: 1) the district court erred by admitting hearsay evidence of a death threat he allegedly made against a government witness; and 2) the error was not harmless.

Appellate Information

• Published 2017/06/06

Judges

• POOLER

Court

• United States Second Circuit

Counsel