United States v. Solano, No. 18-3403 (2d Cir. 2020)
Annotate this CaseThe Second Circuit vacated defendant's conviction for attempted possession of cocaine with intent to distribute. The court held that the district court plainly erred by instructing the jury that "any" witness with "an interest in the outcome" of the trial had "a motive . . . to testify falsely." Furthermore, there is a reasonable probability that defendant was prejudiced by the erroneous witness credibility instruction. The court considered the government's arguments in support of affirmance and found them unpersuasive. The court remanded for further proceedings.
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