United States First Circuit

Defendants' convictions and sentences for conspiracy to possess with intent to distribute certain narcotics is affirmed where: 1) there is clear record support for the district court's finding that one of the defendants was accountable for more than 4.5 kg of cocaine base during the charged conspiracy; 2) district court's error in not handling a defendant's expert request on an ex parte basis was harmless; 3) district court did not abuse its discretion in refusing to order production of a pretrial photograph; and 4) there was no abuse of discretion in the court's ruling that the government's failure to produce an audio recording did not result in prejudice.

Appellate Information

• Decided 10/27/2009
• Published 10/27/2009

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Vivianne M. Marrero, Research and Writing Specialist, with whom Joseph C. Laws, Jr., Federal Public Defender, and Patricia A. Garrity, Assistant Federal Public Defender, were on brief, for appellant Correa-Alicea., Rafael F. Castro-Lang for appellant Santiago-Torres.


• For Appellees:
  
• Luke Cass, 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.