United States First Circuit

Conviction for conspiracy to import heroin is affirmed over defendant's arguments that: 1) the district court constructively amended the indictment; 2) the court improperly instructed the jury as to a piece of evidence; 3) the admission of cell-phone evidence constituted a prejudicial late disclosure under Brady; and 4) the court failed to instruct the jury as to "mere presence."

Appellate Information

• Decided 06/15/2007
• Published 06/15/2007

Judges

• STAHL, Senior Circuit Judge., Before LIPEZ, Circuit Judge, GIBSON  and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Susan E. Taylor, by Appointment of the Court, for appellant.


• For Appellees:
  
• Randall E. Kromm, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.