United States First Circuit

Conviction of defendant for distributing drugs and sentence to 120 months imprisonment and 3 years of supervised release is affirmed where: 1) even if the district court erred in admitting defendant's confession, any error was harmless beyond a reasonably doubt; 2) any error in admitting disputed statements was harmless beyond a reasonable doubt; 3) district court did not commit clear error in determining drug quantity; and 4) defendant has not shown that the district court failed to comply with Rule 32(i)(3)(B) or that any other error occurred by including the acquitted conduct in the PSR.

Appellate Information

• Decided 01/29/2010
• Published 01/29/2010

Judges

• DiCLERICO, District Judge., Before LYNCH, Chief Judge, STAHL, Circuit Judge, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert C. Andrews, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.