United States v. Aguiar

975 F.2d 45 (2d Cir. 1992)

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Nature of the Case

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Facts

Albino was arrested when heroin was found in his luggage. Albino agreed to cooperate.

Equipped with a concealed tape recorder, Albino approached D. D asked in Spanish if everything was okay and where the bag was. Albino responded affirmatively, and D then picked up the suitcase containing the heroin and was shortly arrested. Albino entered into a plea agreement and was interviewed pursuant to that agreement. Albino stated that D had hired him to go to Brussels to obtain the heroin, made the travel arrangements, obtained his passport, paid his expenses, and agreed to pay him five to six thousand dollars upon delivery of the heroin. On October 3, 1991, Albino told the government that he no longer wanted to cooperate. The following day he changed his mind again and explained that he had received written and verbal threats from D. He also expressed concern about his family's welfare. D’s letter threatened to expose criminal conduct by Albino, including murder. Agents found two threatening letters in Albino's cell. A second letter, which was unsigned but contained D's fingerprints and is thus attributable to him, stated that if Albino cleared D, Albino would not have to worry about the evidence of his state crimes. Albino refused to testify. P sought to introduce Albino’s prior statements to law enforcement officials. The Court admitted Albino’s prior statements over D’s hearsay objection. D appealed his convictions.