Document Type


Publication Date



Defendant-appellant Adeyemi Adeniji appeals from a judgment of conviction and sentence entered on August 3, 1993 in the United States District Court for the Eastern District of New York (Merhige, J., sitting by designation), after a jury trial, convicting him of importing heroin, in violation of 21 U.S.C. § 952(a), and possessing heroin with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Adeniji to concurrent sixty-three month terms of imprisonment, to be followed by a four-year term of supervised release, and imposed a $100 special assessment. On appeal, Adeniji contends that the district court committed reversible error during the trial by: (1) failing to strike the testimony of a government agent regarding an oral statement made by Adeniji that was not disclosed prior to trial; (2) allowing a juror to make oral inquiries; (3) failing to give a missing witness charge; and (4) giving an improper conscious avoidance charge after having assured the parties that such an instruction would not be given. In a separate pro se submission, Adeniji also contends that he was convicted in contravention of his rights under the Speedy Trial Act, 18 U.S.C. §§ 3161-3174. While we conclude that none of the trial error claims warrants reversal of Adeniji's conviction, we remand the case to the district court to consider the Speedy Trial issue.


31 F.3d 58 (1994)

UNITED STATES of America, Appellee,


Adeyemi ADENIJI, Defendant-Appellant.

No. 1158, Docket 93-1461. United States Court of Appeals, Second Circuit.

Argued March 9, 1994.

Decided July 28, 1994.

As Amended August 17, 1994.

New York Law School location: File #1906, Box #133