United States First Circuit
US v. Malpica-Garcia, 05-2728
Conviction for drug and weapons conspiracies is affirmed over defendant's arguments that: 1) the district court allowed hearsay testimony in violation of the Confrontation Clause of the Sixth Amendment; 2) the district court allowed testimony about his possession of a weapon that was not charged in the indictment in violation of the Fifth Amendment; and 3) without the challenged testimony, the evidence was insufficient to support the conviction.
Appellate Information
- Decided 06/06/2007
- Published 06/06/2007
Judges
- DICLERICO, District Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and DiCLERICO, Jr., District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Luis A. Guzmán Dupont, for appellant.
- For Appellees:
- Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, was on brief for appellee.