United States First Circuit

Conviction for drug crimes is affirmed where: 1) the district court did not err in denying defendant's motion to dismiss as defendant failed to prove there was a variance between the conspiracy charged and the evidence at trial; 2) the court did not err in admitting evidence over his objections; 3) the court did not err in denying defendant's request for a continuance as defendant failed to show the denial caused him prejudice; and 4) defendant is not entitled to reversal based on the delay between his arrest and his appearance before a federal magistrate, as he did not show prejudice of any kind that was caused by the delay.

Appellate Information

• Decided 04/17/2009
• Published 04/17/2009

Judges

• DICLERICO, District Judge., Before TORRUELLA and HOWARD, Circuit Judges, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Rafael Castro Lang, for appellant.


• For Appellees:
  
• Desireé Laborde-Sanfiorenzo, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Thomas F. Klumper, Assistant United States Attorney, were on brief for appellee.