United States v. Mack, No. 16-3734 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction for conspiracy to commit witness tampering related to the death of one individual, conspiracy to commit tampering by planning to murder of another individual, and two counts of unlawful possession of a firearm by a felon.
The court held that the district court's erroneous jury instructions did not rise to the level of reversible plain error; assuming that the district court committed evidentiary error by admitting hearsay declarations under Federal Rule of Evidence 804(b)(3), the error was harmless; there was no error in admitting a summary chart under Federal Rule of Evidence 1006, and had there been error, it was harmless; the district court did not err in determining that it was required to sentence defendant to the statutory minimum of life imprisonment; and defendant's remaining challenges to his sentence were without merit.
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