United States v. Jorge Arroyo, A/K/A Sergio

GOLDBERG, Circuit Judge:

Following a jury trial, Defendant Jorge Arroyo was convicted on one count of conspiring to import and distribute cocaine, two counts of possessing cocaine with intent to distribute, one count of importing cocaine, and one count of attempting to import cocaine. Arroyo was acquitted on two counts of importing cocaine, one count of distributing cocaine, and one count of possessing cocaine with intent to distribute.

During the trial, Judge Carl Bue erroneously admitted hearsay statements of an alleged co-conspirator that were not made in furtherance of the conspiracy, in…