United States First Circuit

Conviction and sentence for drug conspiracy is affirmed where: 1) there was sufficient evidence to support the jury's finding on the amount of drugs and that the drugs were part of the conspiracy; 2) it was not an abuse of discretion to admit the testimony of an undercover agent; and 3) there was no indication that the district court might alter its sentence and thus no need for a sentencing remand in light of Kimbrough.

Appellate Information

• Decided 03/19/2009
• Published 03/19/2009

Judges

• BOUDIN, Circuit Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Janet Hetherwick Pumphrey, by appointment of the court, for appellant Julio Carrion Santiago., John F. Palmer, by appointment of the court, and Law Office of John F. Palmer on brief for appellant Pedro Miranda., Roger Witkin, by appointment of the court, for appellant Juan Nunez., Robert L. Sheketoff, by appointment of the court, for appellant Jose O. Rodriguez.


• For Appellees:
  
• Daniel Steven Goodman, Criminal Division, Appellate Section, Department of Justice, with whom Michael J. Sullivan, United States Attorney, and William F. Bloomer, Assistant United States Attorney, were on consolidated brief for appellee.