United States First Circuit

Conviction and sentence for conspiracy and possession of cocaine with the intent to distribute are affirmed where: 1) the search of an SUV's storage area was valid as incident to the driver's arrest; 2) a prosecutor's misstatement was not significant enough to affect the outcome of the case, and thus did not affect defendant's substantial rights; and 3) the term "cocaine base" does not refer exclusively to crack cocaine.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• SMITH, District Judge., Before SELYA and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tina Schneider for appellant.


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