United States First Circuit

Conviction and life sentence for drug and weapons offenses are affirmed over defendant's arguments that: 1) the specific drug quantities found in the current and previous convictions cannot be utilized for sentencing since the trial judge did not expressly instruct the jury that its findings of drug quantities had to be beyond a reasonable doubt; 2) there was error in the sentencing proceedings concerning defendant's prior convictions because he was not given the chance to challenge the information filed by the government before his sentence was imposed; and 3) the court erred in denying defendant's motion to suppress evidence of over fifty-five grams of cocaine base found in his second car during a warrantless search.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Aziz Safar with whom Safar Law Office was on brief for appellant.


• For Appellees:
  
• James F. Lang, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.