US v. Moskowitz, 888 F. 2d 223 - Court of Appeals, 2nd Circuit 1989

Defendant Jeffrey Allen Toffler appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Dearie, J.) after a jury trial. Toffler was convicted of knowingly and recklessly causing the transportation in air commerce of hazardous materials, in violation of 49 U.S.C.App. § 1472(h)(2) (1982) and 18 U.S.C. § 2 (1982) ( Count Three ); willfully violating regulations promulgated by the Secretary of Transportation by causing the transportation in air commerce of hazardous materials, in violation of 49 U.S.C.App. § 1809(a)(1) & (b) (1982) and 18 U.S.C. § 2 ( Count Four ); and possession of cocaine, in violation of 21 U.S.C. § 844 (1982 & Supp. V 1987) and 18 U.S.C. § 2 ( Count Five ). For the reasons that follow, we affirm the convictions and remand to the district court solely for resentencing