United States Third Circuit

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US v. Liburd, 09-3156

Conviction of defendant for possession with intent to distribute 500 grams or more of cocaine and attempted importation of the drugs is vacated and remanded as the prosecutor's use of a statement made by defendant at an airport "so infected the trial with unfairness as to make the resulting conviction a denial of due process."

Appellate Information

  • Argued 05/05/2010
  • Decided 06/09/2010
  • Published 06/09/2010


  • Before SMITH, CHAGARES, and JORDAN, Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • Thurston T. McKelvin, Esq., (argued), Jesse A. Gessin, Esq., Office of the Federal Public Defender, Christiansted, St. Croix, Virgin Islands, for Appellant.

  • For Appellees:
  • Everard E. Potter, Esq., (argued), Office of United States Attorney, Charlotte Amalie, St. Thomas, Virgin Islands, for Appellee.
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