A judge's instruction to a jury that it was allowed to return inconsistent verdicts has led a federal appeals court to throw out the guilty verdict of a woman for using her position with Customs and Border Control to tip off drug dealers.

While it is well established that defendants cannot challenge their convictions based on inconsistent jury verdicts, the U.S. Court of Appeals for the Second Circuit said in United States v. Moran-Toala, 12-2010-cr, that judges can't encourage the practice.