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U.S. v. REYES

Docket No. 01-1258.

302 F.3d 48 (2002)

UNITED STATES of America, Appellant, v. Christopher D. REYES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 26, 2002.

Attorney(s) appearing for the Case

Daniel S. Ruzumna, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney, Anirudh Bansal, Christine H. Chung, Assistant United States Attorneys, Southern District of New York, New York, NY, of counsel), for Appellant.

Michele Hauser, New York, NY, for Defendant-Appellee.

Before: CARDAMONE, POOLER, and B.D. PARKER, Jr., Circuit Judges.

CARDAMONE, Circuit Judge.

The government appeals from a district court's judgment of acquittal after a jury had found defendant Christopher Reyes guilty of joining a conspiracy to transport stolen automobile airbags in interstate commerce. Among the issues we deal with is the doctrine of conscious avoidance in the context of a conspiracy. Conscious avoidance occurs when a person deliberately closes his eyes to avoid having...

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