United States v. Robert, No. 10-1230 (2d Cir. 2011)
Annotate this CaseDefendant was convicted of crimes committed while working for American Airlines at JFK Airport, specifically, conspiracy to import and actual importation of five or more kilograms of cocaine and conspiracy and attempt to distribute and possess with intent to distribute the same quantity of cocaine. On appeal, defendant argued that (1) his statements made pursuant to a proffer agreement should not have been received in evidence because (a) they were elicited through economic coercion, and (b) defense counsel's conduct did not trigger the provision in defendant's proffer agreement waiving Fed. R. Evid. 410; (2) his Sentencing Guidelines range was erroneously enhanced for abuse of a position of trust; and (3) the ordered forfeiture was miscalculated. The court identified no merit in the first two arguments, but concluded that the last required further fact-finding to determine whether the conspiracy's proceeds were realized at the wholesale or retail level. Accordingly, the court affirmed all aspects of the judgment except for the forfeiture order, which the court vacated, remanding the case for further proceedings.
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