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United States Court of Appeals for the Second Circuit
May 21, 1991, Argued ; September 30, 1991, Decided ; September 30, 1991, Filed
[*14] SNEED, Senior Circuit Judge
The drug conspiracy began in April of 1987 when defendant Mohammad Azeem and two others, including a Drug Enforcement Agency (DEA) informant, met in Pakistan to discuss importing one kilogram of heroin [**2] into New York. In May of 1987, Azeem delivered the heroin to the informant, who transported it from Pakistan to New York. 2 The informant was unable to sell the heroin. He testified that he returned to Pakistan when Azeem told him to store the heroin in New York and come back to arrange a shipment to Cairo, Egypt.
Upon the informant's return, Azeem, the informant, and the same third party arranged the delivery of three kilograms of heroin from Pakistan to Cairo. In June of 1987, the informant took the heroin to Cairo and delivered it to a new party, who thereupon was arrested.
The informant came back to New York in October of 1987 to attempt to sell the original one kilogram of heroin but once more was unsuccessful. He again stored the heroin in New York and returned to Pakistan in October of 1987. There was conflicting testimony at trial concerning whether Azeem sold his interest in the New York heroin to a coconspirator to satisfy a [**3] debt or whether he merely promised to give that party the proceeds once the New York heroin was sold. The testimony does not show when this agreement was reached.
Azeem moved temporarily to the Philippines in December of 1987, where he attempted to sell 200 grams of heroin to an undercover agent.
[*15] The informant testified that in the summer of 1989, Azeem, apparently still unaware of the informant's true status, approached him with a scheme to get rid of the New York heroin. Azeem would volunteer to work for the DEA as an informant and claim that the heroin had recently been imported by someone else. The DEA met with Azeem and pretended to be fooled by his scheme. When Azeem arrived in New York, the DEA arrested him for the 1987 importation of the New York heroin.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
946 F.2d 13 *; 1991 U.S. App. LEXIS 22961 **
UNITED STATES OF AMERICA, Appellee, v. MOHAMMAD AZEEM, also known as Khan Azim, Defendant-Appellant
Prior History: [**1] Azeem appealed from his conviction for conspiracy to import one kilogram of heroin into the United States, and challenged the sentence imposed upon him pursuant to the federal Sentencing Guidelines. The Court of Appeals, Joseph T. Sneed, J., found that an offense committed by Azeem in a foreign country was inappropriately included in the calculation of Azeem's base offense level. The Court of Appeals vacated Azeem's sentence.
Disposition: Affirmed in Part; Sentence Vacated and Remanded for Resentencing.
heroin, base offense, Guidelines, sentence, conspiracy, import, foreign crime, sentencing guidelines, informant, kilograms, course of conduct, calculating, inclusion, effective date, foreign law, convicted, domestic
Criminal Law & Procedure, Appeals, Standards of Review, De Novo Review, Sentencing, General Overview, Sentencing Guidelines, Clearly Erroneous Review, Sentences, De Novo Review, Evidence, Exemptions, Statements by Coconspirators, Governments, Legislation, Statute of Limitations, Inchoate Crimes, Conspiracy, Hearsay, International Trade Law, Forfeitures & Penalties, Controlled Substances, Delivery, Distribution & Sale, Penalties, Adjustments & Enhancements, Criminal History, Departures From Guidelines, Inadequacy of Criminal History, Interpretation