United States First Circuit

Defendant's convictions and sentences are vacated in part and otherwise affirmed where: 1) district court properly denied motion to suppress evidence for lack of standing as he had no reasonable expectation of privacy in the area searched; 2) motion for severance was properly denied as untimely; and 3) although evidence was sufficient to uphold most counts of defendant's conviction, there was insufficient evidence to uphold convictions for possession of a firearm in furtherance of drug trafficking and aiding and abetting possession. Co-defendant Rivera's sentence is affirmed where: 1) district court's drug quantity calculation for sentencing purposes was well-supported by evidence and not clearly erroneous; 2) court correctly imposed statutory sentencing enhancement for co-defendant Rivera's leadership role; and 3) the sentence was reasonable in light of his particular circumstances.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

• DICLERICO, District Judge., Before LIPEZ and HOWARD, Circuit Judges, and DiCLERICO, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lydia Lizarríbar-Masini, for appellant Rivera-García, and Rafael Anglada-Lopez, for appellant Rodríguez-Lozada.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief for appellee.