Opinion of the Court — United States v. Subhan

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Type: Opinion of the Court
Filed: June 7, 2002
Case: United States v. Subhan
Case status: Decided

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Opening text

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SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. *90 Nasratullah Subhan appeals from a judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Baer, J.) following his guilty plea to conspiracy to distribute and possess with intent to distribute five kilograms and more of heroin and attempt to distribute and possess with intent to distribute five kilograms and more of heroin, both in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). On appeal, Subhan challenges: (1) the district court’s ruling that he was precluded from raising the affirmative defense of duress at trial; and (2) the denial at sentencing of Subhan’s motion for a downward departure. Subhan has waived his argument that the district court erred in precluding him from raising the affirmative defense of duress at trial. “[A] defendant who knowingly and voluntarily enters a guilty plea waives all non-jurisdictional defects in the prior proceedings.” United States v. Calderon, 243 F.3d 587, 590 (2d Cir.), cert. denied, 533 U.S. 960 , 121 S.Ct. 2616 , 150 L.Ed.2d 770 (2001); Lebowi…

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