United States v. Jackson

335 F.3d 170 (2d Cir. 2003)

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Nature of the Case

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Facts

D, Steve Brown, and Sincerray Gina Sullivan were charged with one count of conspiracy to import 5 or more kilograms of cocaine. Brown and Sullivan ultimately pled guilty to this charge. Brown's signed plea agreement expressly stated that Brown managed and supervised various couriers, including D. At his oral plea allocution, the district court asked Brown whether this statement from his plea agreement was true; Brown responded that it was indeed true. The district court then specifically asked Brown whether he had any arrangements with D to bring drugs into the country. Again, Brown said yes. Later in Brown’s allocution, Brown stated he did not supervise D nor did he ask D to smuggle any cocaine. When asked to clarify his relationship with D in light of his previous admission -- both minutes earlier and in his written plea agreement -- that he had indeed supervised D during the conspiracy, Brown waffled once again. Brown claimed that D smuggled cocaine only for Guthrie. Brown later conceded that Guthrie was the overall director of the smuggling operation and that he worked together with Guthrie and others. D sought to have Brown’s statements during allocution admitted. The Court refused, and D was convicted and appealed.