United States First Circuit

A sentence of the statutory maximum imposed following defendant's conviction for unlawful use of a communication facility in connection with a drug trafficking offense is affirmed where: 1) the sentence fell within constitutional limits as it did not exceed the statutory maximum set by Congress; 2) district court's drug quantity estimate represents a reasonable view of the record and is therefore not clearly erroneous; and 3) defendant's sentence was procedurally and substantively reasonable.

Appellate Information

• Decided 12/16/2009
• Published 12/16/2009

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David J. Apfel, with whom Alison V. Douglass, Elianna J. Marziani and Goodwin Proctor LLP were on brief, for appellant.


• For Appellees:
  
• Neil J. Gallagher, Jr., Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Mark T. Quinlivan, Assistant United States Attorney, were on brief, for appellee.