United States First Circuit

Conviction and sentence for conspiring to distribute cocaine, possession with intent to distribute cocaine, and for possession of a firearm in furtherance of a crime of drug trafficking are affirmed over claims of error that: 1) requiring defendant to leave the hotel room was a seizure in a violation of the Fourth Amendment; 2) failure to give Miranda warnings prior to interrogation was unlawful; 3) the search warrant was impermissibly broad; and 4) defendant should not have received a consecutive five year mandatory minimum for carrying or using the gun because the applicable statute contained a qualifier that applied to him.

Appellate Information

• Decided 11/26/2008
• Published 11/26/2008

Judges

Court

• United States First Circuit

Counsel