United States v. Garavito-Garcia, No. 15-2454 (2d Cir. 2016)
Annotate this CaseDefendant appealed his conviction for narcoterrorism conspiracy (Count One); cocaine-importation conspiracy (Count Two); conspiracy to provide material support to a foreign terrorist organization (Count Three); and conspiracy to acquire and transfer anti-aircraft missiles (Count Four). The court concluded that the district court properly denied defendant's motion to dismiss the indictment for lack of jurisdiction and rejected defendant's argument that Colombia violated the extradition treaty between it and the United States; the evidence at trial was sufficient to prove he knowingly participated in any of the conspiracies with which he was charged; the district court's supplemental "mere presence" instruction in response to a jury note was proper; and Count Three was not multiplicitous with Count One. Accordingly, the court affirmed the judgment.
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