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United States First Circuit


US v. Niemi, 08-1813

District court's conviction of defendant for conspiracy to possess with intent to distribute drugs and other drug related offenses is affirmed where: 1) jury instructions were sufficient as the substance of defendant's requested instruction was covered in the district court's instructions; 2) there was sufficient evidence to support the jury's conclusion that defendant took part in a single conspiracy: 3) district court's admission of the evidence regarding bad acts committed by defendant after the end of the conspiracy was far from plain error; and 4)at no point in its closing argument did the prosecution make references to defendant's failure to testify

Appellate Information

  • Decided 08/31/2009
  • Published 08/31/2009

Judges

  • TASHIMA, Senior Circuit Judge., Before BOUDIN and HOWARD, and TASHIMA,Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • William Maselli, for appellant.

  • For Appellees:
  • Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.
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