United States First Circuit

Conviction of defendant for distributing cocaine base and sentence of 198 months' imprisonment as a career offender is affirmed where: 1) defendant's speedy trial right attached on the date of his federal indictment; 2) defendant forfeited any Interstate Agreement on Detainers (IAD) claim by failing to raise it in the district court; 3) district court's amendment of one indictment from distribution of "cocaine" to "cocaine base" did not affect the substance of the charges and therefore did not offend the Presentment Clause; and 4) the district court did not abuse its discretion in its evidentiary rulings; and 5) there is no flaw in defendant's sentence.

Appellate Information

• Decided 02/12/2010
• Published 02/12/2010

Judges

• HOWARD, Circuit Judge., Before Torruella, Selya and Howard, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles W. Rankin, with whom Michelle Menken and Rankin & Sultan, were on brief, for appellant.


• For Appellees:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael K. Loucks, Acting United States Attorney, was on brief, for appellee.