United States First Circuit

Conviction and sentence for conspiracy to possess and distribute 500 or more grams of cocaine are affirmed where: 1) evidence of a major drug transaction after the charged conspiracy had ended was admissible to prove identity; 2) the disputed evidence was highly probative; 3) defendant never asked for an instruction concerning the jury's ability to draw a "propensity" inference from descriptions of later drug-dealing activity; 4) a special interrogatory on the verdict form posed no risk and had a permissible purpose; and 5) the district court correctly calculated the drug amount for sentencing purposes.

Appellate Information

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

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Rosemary Curran Scapicchio, for appellant.


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