United States First Circuit

In a prosecution of two individuals for conspiracy to distribute cocaine and to possess it with intent to distribute, the convictions and sentences are affirmed, where: 1) there was sufficient evidence to allow a reasonable jury to find without serious question that one of the defendants was a conspirator; 2) the district court's conclusion by a preponderance of the evidence that this defendant had conspired to possess and distribute over 150 kilograms of cocaine rested on sufficient evidence; and 3) the district court did not commit plain error in allowing certain testimony and certain references by the prosecution at closing, and in not declaring a mistrial after certain testimony.

Appellate Information

• Decided 02/24/2012
• Published 02/24/2012

Judges

• Souter

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Roberto J. Yzaguirre, Seth R. Aframe