United States First Circuit

Conviction and sentence for armed carjacking and related weapons charges are affirmed over defendant's arguments that: 1) the victims' identification of him was tainted and improperly admitted; 2) the court erred in allowing testimony concerning his confession; 3) the district court abused its discretion in reopening the case to allow the government to introduce additional evidence after he moved for a judgment of acquittal; 4) the evidence presented at his trial was insufficient to establish all elements of the charged offenses; 5) his sentence was unreasonable; and 6) he was not given proper notice of the court's intent to impose a sentence above the Sentencing Guidelines' range. The case is remanded for correction of the written judgment, however, as it records an inaccurate sentence on one charge.

Appellate Information

• Decided 10/31/2007
• Published 10/31/2007

Judges

• Before BOUDIN, Chief Judge, TORRUELLA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark S. Davies and Johnny Rivera-González, with whom Walter Dellinger, Ryan W. Scott, and O'Melveny & Myers LLP were on supplemental brief for appellant.


• For Appellees:
  
• Vijay Shanker, U.S. Department of Justice, Criminal Division, Appellate Section, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Thomas F. Klumper, Assistant United States Attorney, were on supplemental brief for appellee.