United States First Circuit

Convictions for possession of cocaine and heroin are vacated and remanded where: 1) the district court plainly misremembered its own ruling and the state of the docket; 2) admission of one defendant's confession to impeach him may have made the difference between his conviction and his acquittal; and 3) district court's reversal of its own ruling, with no consideration for the reliance of the parties and after other defendant had already testified, may have swayed jury to convict. District court's denial of motion to suppress the evidence seized after search of the boat is affirmed over claims of error that: 1) defendants did not consent to the search; and 2) the district court erred in its alternative determination that the search met the requirements of a border search. Denial of appellants' motions for judgment of acquittal is affirmed over claims of error that the jury did not have sufficient evidence before it to convict defendants.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

Court

• United States First Circuit

Counsel