United States First Circuit

Defendants' drug conspiracy sentences are vacated, where the Court of Appeals in a prior opinion instructed the District Court not to defer to the jury on credibility issues with respect to the drug quantity at issue for sentencing purposes, but the District Court nonetheless did so.

Appellate Information

• Decided 06/18/2009
• Published 06/18/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stephen Neyman, for appellant John Correy., Linda George, for appellant Raymond Nicolai-Cabassa., Edward J. Juel, with whom Rodney S. Dowell and Berman & Dowell, were on brief for appellant Ramón Flores-Plaza., Luis M. Cháves-Ghigliotty, for appellant Angel Casas., Terrance J. McCarthy, for appellant José Bonilla-Lugo., Mauricio Hernández-Arroyo, for appellant Angel Luis Pizarro-Morales.


• For Appellees:
  
• Germán A. Rieckehoff, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief for appellee.