Read US v. Diaz-Diaz, 03-1803, 03-1804, 03-1992

Defendants' convictions and sentences for conspiring to distribute in excess of five kilograms of cocaine and related charges are affirmed over claims of error regarding: 1) admission of evidence; 2) refusal to grant a mistrial; 3) jury instruction; 4) denial of a motion for judgment of acquittal; and 5) sentencing errors. However, one defendant's sentence is vacated pursuant to Booker.

Appellate Information

• Decided 12/28/2005
• Published 12/28/2005

Judges

• CARTER, Senior District Judge., Before LIPEZ, Circuit Judge, COFFIN, Senior Circuit Judge, and CARTER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Juan M. Masini-Soler, for appellant Diaz-Diaz, Rafael Anglada-Lopez, for appellant Santos Rodriguez, and Nicolas Nogueras, Jr., for appellant Medina-Sanchez.


• For Appellees:
  
• Nelson Perez-Sosa, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, were on brief for appellee.