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U.S. v. FEROZ

No. 1150, Docket 87-1439.

848 F.2d 359 (1988)

UNITED STATES of America, Appellee, v. Mirahmad FEROZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 1, 1988.

Attorney(s) appearing for the Case

Daniel H. Murphy, II, New York City, for defendant-appellant.

Jerome C. Roth, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before KAUFMAN, PIERCE, and ALTIMARI, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment of conviction entered in the United States District Court for the Eastern District of New York following a jury trial before the Honorable Joseph M. McLaughlin. Appellant, who was convicted of importing heroin into the United States, claims on appeal that the district court erroneously instructed the jury on "conscious avoidance", and therefore his conviction should be vacated. Although we agree with appellant that the...

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