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United States First Circuit


US v. Fogg, 09–1094

Conviction and sentencing of defendant for conspiracy to possess with intent to distribute marijuana and for social security fraud are upheld where the admission of a co-conspirator's statements and handwritten notes implicating defendant were not inadmissible hearsay, but vacated where the court incorrectly declined to issue a final order of forfeiture because there is no evidence that a forfeiture order would deprive defendant of his livelihood such that it would be unconstitutional.

Appellate Information

  • Decided 12/01/2011
  • Published 12/01/2011

Judges

  • HOWARD, Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Peter E. Rodway, with whom Rodway & Horodyski, P.A. was on brief, for appellant.

  • For Appellees:
  • Renée M. Bunker, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.
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