United States v. Frederick Tropeano, and Marlon Tropeano, David Barroso, Jr.
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
David Barroso, Jr., appeals from a conviction after a jury trial before Judge Scheindlin. He was found guilty of conspiring to commit securities and wire fraud, in violation of 18 U.S.C. § 371. On appeal, Barroso contends that the district court: (i) violated the hearsay rule and the Confrontation Clause when it admitted a co-defendant’s follow-up statement sought by the government during the co-defendant’s plea allocution; (ii) erroneously charged the jury that it could find the requisite level of criminal knowledge on a conscious avoidance theory; and (iii) admitted…
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