United States First Circuit

Conviction for possession of narcotics with intent to distribute is affirmed where: 1) a reasonable suspicion of drunk driving can arise where the would-be operator is asleep and the vehicle is off; and 2) the prosecutor's use of testimonial out-of-court statements by non-testifying declarants on the basis that the statements were offered only for context, while troubling, did not create grounds for reversal.

Appellate Information

• Decided 07/06/2006
• Published 07/06/2006

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Chauncey B. Wood, with whom Shea, Larocque & Wood, LLP was on brief, for appellant.


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