United States v. Jones, No. 18-3800 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction for conspiracy to distribute and possess with intent to distribute narcotics; Hobbs Act robbery and Hobbs Act conspiracy; and possession of a firearm, which had been discharged, in furtherance of the robbery.
The court held that the district court did not abuse its discretion in admitting the glove DNA evidence. In this case, the five day Daubert hearing exhaustively dissected the Forensic Statistical Tool method of DNA analysis and the district court permissibly found that two Daubert factors favored denial of defendant's motion to exclude the evidence. Even if the district court erred by admitting the Glove DNA evidence, the error was harmless. The court also held that the district court did not err by rejecting defendant's proposed jury instruction on multiple conspiracies and in denying his motion for a new trial based on newly discovered evidence as to the credibility of a government witness.
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