United States First Circuit

Conviction and sentence for selling crack and using a firearm in relation to the transaction are affirmed where: 1) a jury could have reasonably concluded that a gun deal and a drug deal were intertwined; 2) admission of testimony without the proper foundation was harmless error; and 3) the term "felony drug offense" is a term of art separate and distinct from the term "felony" for sentencing purposes under the Controlled Substances Act.

Appellate Information

• Decided 08/11/2006
• Published 08/11/2006

Judges

• HOWARD, Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martin F. Murphy, with whom Foley Hoag LLP was on brief, for appellant.


• For Appellees:
  
• Randall E. Kromm, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.