United States v. Fofanah, No. 12-4617 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction and sentence for conspiracy to transport stolen vehicles, transportation of stolen vehicles, and possession of stolen vehicles. The court concluded that it need not decide whether the district court erred in issuing the conscious avoidance instruction in this case because, if the instruction was in error, any such error was harmless. Further, the district court properly imposed an enhancement under U.S.S.G. 2B1.1(10)(c) for the use of sophisticated means and under U.S.S.G. 2B1.1(b)(4) for being in the business of receiving and selling stolen property. Accordingly, the court affirmed the judgment.