United States First Circuit

Convictions and sentences for possession of a controlled substance with intent to distribute and conspiracy are affirmed over defendants' arguments that: 1) the district court should have granted their motion for a mistrial based on the prosecutor's misconduct in introducing evidence of a separate conspiracy; 2) the district court improperly admitted statements made by an alleged co-conspirator; 3) the prosecution improperly allowed the cooperating witness to testify falsely and then used that false testimony in its closing argument; 4) there was insufficient evidence on the possession element to convict one defendant; 5) the prosecutor improperly commented on a defendant's silence during the rebuttal closing argument; 6) the cumulative effect of the errors at trial warranted a new trial; and 7) the district court failed adequately to explain its reasons for imposing the particular sentence within the guidelines range.

Appellate Information

• Decided 09/18/2007
• Published 09/18/2007

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jorge L. Armenteros-Chervoni, for appellant Gilberto Villanueva-Rivera., Rachel Brill, for appellant Andy Williams Mangual-Garcia.


• For Appellees:
  
• Julie Mosley, Assistant United States Attorney, with whom, Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Thomas F. Klumper, Assistant United States Attorney, were on brief, for the appellee.