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US v. Rivera-Donate, 08-2441

Sentence and convictions of conspiracy to possess with intent to distribute multi-kilogram quantities of controlled substances in violation of 21 U.S.C. sections 841(a)(1) and 846 are affirmed over claims that the District Court erred by: 1) excluding evidence of certain prior statements made by the government's main witness, regarding the weapon seized during arrest; 2) allowing a conviction based on evidence that established an impermissible variance to the charges listed in the indictment; and 3) permitting the government to introduce evidence of a murder via co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E).

Appellate Information

  • Decided 06/07/2012
  • Published 06/07/2012




  • United States First Circuit


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