United States First Circuit

Conviction of defendant for possession with intent to distribute illegal drugs within one thousand feet of a school and related crimes is affirmed in part and vacated in part where: 1) because the district court lacked jurisdiction over the substantive drug charges, defendant's convictions with respect to those counts are vacated; and 2) a conviction as to the conspiracy count is affirmed as there was sufficient evidence of post-majority conduct to convict, and it was not plain error for the district court to fail to give the instruction that it could only find him guilty if he ratified and participated in the conspiracy after he turned 18.

Appellate Information

• Decided 08/30/2010
• Published 08/30/2010

Judges

• DYK

Court

• United States First Circuit

Counsel

• For Appellant:
  
• José Luis Novas Debien, José Capo-Iriarte