United States v. Pauling, No. 17-2539 (2d Cir. 2019)Annotate this Case
The government appealed the district court's grant of defendant's motion to vacate a portion of the jury's guilty verdict. Defendant was convicted of conspiracy to distribute 100 grams or more of heroin as well as several other narcotics and firearms violations. In this case, the parties agree that the government proved beyond a reasonable doubt that 89 grams of heroin were attributable to the conspiracy.
The Second Circuit affirmed and held that the evidence at trial was insufficient to permit a reasonable jury to find beyond a reasonable doubt that the conspiracy involved an additional 11 grams of heroin. The court remanded for sentencing.