United States v. Mergen, No. 12-2873 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction for a Travel Act offense as well as various criminal acts. The court rejected defendant's sufficiency challenge to the Travel Act conviction under 18 U.S.C. 1952(a)(3)(A). However, the court vacated the conviction because the district court erred when it excluded, on hearsay and authentication grounds, a recording in which an FBI agent assured defendant that he had done nothing wrong in connection with the underlying arson. The court reversed as to defendant's remaining convictions because the wording of defendant's cooperation agreement did not toll the expired statute of limitations for those offenses.