United States First Circuit

Conviction for conspiracy to possess with the intent to distribute 50 grams or more of cocaine base is affirmed where: 1) information gained from a wiretap was properly admitted since the wiretap was sufficiently necessary; 2) defendant was not entitled to a Franks hearing, since he did not make a preliminary showing that the wiretap affidavit contained knowing or reckless material falsities or omissions; 3) two phone conversations were properly excluded as hearsay; 4) defendant was not entitled to an instruction for a public authority defense since the evidence would not allow a jury to accept it; and 5) sentencing enhancements were proper.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter E. Rodway with whom Rodway & Horodyski, P.A. was on brief for appellant.


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