United States First Circuit

Conviction and sentence for possession of a controlled substance with intent to distribute are affirmed over defendant's arguments that: 1) his initial stop and subsequent arrest violated his Fourth Amendment rights; 2) the district court improperly refused to admit testimony about his whereabouts; and 3) the district court erred in determining that attempt offenses should be considered felony drug offenses that may count as predicate offenses on which to base a recidivist sentencing enhancement.

Appellate Information

• Decided 08/22/2007
• Published 08/22/2007

Judges

• SELYA, Senior Circuit Judge., Before HOWARD, Circuit Judge, SELYA, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Scott J. Lynch, with whom Hornblower Lynch Rabasco & Vandyke, P.A., was on brief for appellant.


• For Appellees:
  
• F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.