United States First Circuit

Conviction for possession with intent to distribute cocaine, possession of a gun in furtherance of a drug trafficking crime, and possession of a gun as a convicted felon is affirmed where: 1) defendant actively disowned any interest in any of the items seized thus he lack the expectation of privacy required to challenge the seizure of the crack cocaine and gun; 2) defendant failed to timely appeal magistrate judge's ruling regarding court's decision to deny his request for disclosure of a confidential informant; 3 )the district court did not abuse its discretion in overruling defendant's Rule 16 notice requirement objection; 4) defendant failed to establish any independent and material ground for admitting the testimony and evidence regarding the license plate; 5) a reasonable jury could have found defendant guilty beyond a reasonable doubt; 6) the court did not abuse its discretion in denying the motion for a new trial on the basis of this unfiled motion; and 7) the court properly denied defendant's motion for a new trial. Sentence is remanded for resentencing in light of new case law.

Appellate Information

• Decided 08/21/2008
• Published 08/21/2008

Judges

• TORRUELLA, Circuit Judge., Before LYNCH, Chief Judge, O'CONNOR, Associate Justice (Ret.), and TORRUELLA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• George J. West, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Stephen G. Dambruch, Assistant United States Attorney, were on brief for appellee.