United States First Circuit

A sentence for possession of one kilogram of cocaine with intent to distribute and for conspiracy to possess with intent to distribute more than five kilograms is affirmed where: 1) facts indicated that defendant played more than a minor role in the crimes; 2) enhancement due to one of the coconspirator's being armed was was not clear error given the reasonableness of the district court's assumption that with the substantial value of the contraband and risks inherent in dealing with a little-known purchaser, the appellant either knew or reasonably should have foreseen that his coconspirator would be armed; 3) the district court did not err by refusing to depart from the sentencing guidelines due to asserted lack of mental capacity or by not ordering a separate psychiatric exam; and 4) the Court lacks jurisdiction to review district court refusal to depart from GSR guidelines.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

Court

• United States First Circuit

Counsel