United States First Circuit

Mother and son's convictions and sentences for conspiracy to distribute marijuana, and mother's conviction and sentence for possession with intent to distribute, and aiding and abetting, are affirmed in the entirety over: 1) mother's claim that the trial court erred by denying her motion to sever her trial from that of her son; 2) son's challenge to a sentencing decision to increase his base offense level by four levels based on his being an "an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive"; and 3) their joint claim that they suffered prejudicial error and should be granted a new trial because the jury reached its verdict without reviewing audio and video footage that had been admitted into evidence and previously shown at trial.

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

• STAHL, Circuit Judge., Before BOUDIN, SELYA and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carmine P. Lepore for appellant Sandra Saunders., Robert L. Sheketoff for appellant Anthony Saunders.


• For Appellees:
  
• Jennifer Hay Zacks, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.