United States First Circuit

Conviction and sentence for drug crimes and being a felon in possession of ammunition is affirmed where: 1) the district court properly denied defendant's motion to suppress the evidence seized in the search of the house as the search warrant established probable cause to conduct the search; 2) the court properly denied defendant's motion for a hearing to contest the veracity of statements made by the officer in the warrant affidavit; 3) the evidence was sufficient to support his conviction; 4) the court did not err in admitting prior act evidence as the evidence had special relevance, and even if there was an error it was harmless in light of the other overwhelming evidence against defendant; 5) the admission of the recorded statements did not violate defendant's Sixth Amendment rights under Crawford as they were admitted to provide context for the statements of defendant and for the truth of the matter asserted; 6) the court did not abuse its discretion in admitting expert testimony; and 7) defendant's sentence did not violate the Sixth Amendment.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jennifer Appleyard, for appellant.


• For Appellees:
  
• Kelly Lawrence, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.