United States First Circuit

Sentence for conspiracy to distribute controlled substances is affirmed where the court's upward departure from the guidelines because of a significant physical injury which resulted from the defendant's conduct was not error since the government satisfied its burden to prove that defendant was the source of the drugs and the ingestion of heroin by the injured did not break the chain of causation.

Appellate Information

• Decided 05/31/2007
• Published 05/31/2007

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James H. Budreau, on brief for appellant.


• For Appellees:
  
• Michael J. Sullivan, United States Attorney, and David Hennessy, Assistant United States Attorney, on brief for appellee.