United States First Circuit

Conviction and sentence for intentionally obstructing and delaying commerce by robbery, armed robbery, and first-degree murder is affirmed in part and vacated in part and remanded where: 1) although the district court erred in admitting impermissible speculation by a lay witness, the government satisfied the burden of proving the error was harmless; 2) the district court's jury instructions were not erroneous and sufficient evidence supported defendant's conviction 3) defendant's Confrontational Clause arguments were untimely and thus waived; 4) defendant's armed robbery charges, which possessed all the elements of possessing a firearm during the commission of a robbery offense, did not violate the Double Jeopardy Clause; however 5) the district court improperly imposed a life sentence for defendant's obstruction of commerce by robbery conviction which has a statutory maximum term of 20 years.

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark Diamond, for appellant.


• For Appellees:
  
• Vernon B. Miles, Assistant United States Attorney, with whom Germán A. Rieckehoff, Assistant United States Attorney, Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief for appellee.