United States First Circuit

Defendant's conviction and sentence for his participation in an oxycodone distribution conspiracy, are affirmed where: 1) any error in the district court's refusal to suppress evidence that the DEA agents obtained from defendant's cellular phone, without a warrant, two weeks after they seized the phone, was harmless beyond a reasonable doubt; 2) there was no abuse of discretion in admitting the challenged witness testimony; 3) the evidence was sufficient to support the conspiracy conviction; and 4) the district court did not err in calculating the drug quantity attributable to defendant as a result of his participation in the conspiracy.

Appellate Information

• Decided 10/31/2012
• Published 10/31/2012

Judges

• Stahl

Court

• United States First Circuit

Counsel