U.S. v. PAULING

Docket No. 17-2539-cr August Term 2018.

924 F.3d 649 (2019)

UNITED STATES of America, Appellant, v. John PAULING, a/k/a JJ, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 23, 2019.


Attorney(s) appearing for the Case

Jason M. Swergold , Assistant United States Attorney ( Amanda L. Houle , Micah W.J. Smith , Assistant United States Attorneys, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, New York, for Appellant.

Yuanchung Lee , Federal Defenders of New York, Inc., New York, New York, for Defendant-Appellee.

Before: Katzmann, Chief Judge, and Kearse and Chin, Circuit Judges.


In this case, a jury convicted defendant-appellee John Pauling of conspiring to distribute or possess with the intent to distribute 100 grams or more of heroin. The parties agree that the government was required to prove that the heroin in question was the subject of a conspiracy between Pauling and one of his suppliers, referred...

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