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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.
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