United States First Circuit

Conviction and sentence for conspiracy to possess cocaine base with intent to distribute are affirmed over defendant's arguments that: 1) the court should have granted a mistrial based on in-court actions of a spectator that were witnessed by jurors; 2) the court erred in not severing defendant's trial from his co-defendant or bifurcating the trial so as to isolate the case against him; and 3) the district court erroneously relied on the Guidelines applicable to crack cocaine offenses and the sentence was unreasonable.

Appellate Information

• Decided 04/03/2007
• Published 04/03/2007

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David J. Apfel, with whom Jennifer W. Fischesser, William J. Trach, and Goodwin Procter LLP were on brief, for appellant.


• For Appellees:
  
• Susan M. Poswistilo, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.