United States First Circuit

Conviction and sentencing of defendant for drug-related offenses are affirmed where, under Hudson, suppression is not an available remedy for violations of the knock-and-announce rule, and because the upward sentencing adjustment contained in section 3B1.1(b) of the Guidelines authorizes a three-level upward enhancement when the defendant, although directing a criminal activity comprising five or more participants, actually oversaw fewer than five persons.

Appellate Information

• Decided 10/12/2011
• Published 10/12/2011

Judges

• SELYA

Court

• United States First Circuit

Counsel