United States First Circuit

The district court's judgment of conviction on two of defendant's drug-related convictions is affirmed and the third conviction is vacated and remanded, where: 1) the district court erred by denying defendant's motion to suppress without determining whether it was reasonable for law enforcement to believe that New Hampshire Probation and Parole had the authority to search without her consent; 2) the district court committed no error by denying defendant's request for a duress instruction; and 3) the district court correctly calculated defendant's recommended sentence under the Sentencing Guidelines, although the district court will need to resentence defendant if, on remand, it reverses the conviction on Count IV on remand.

Appellate Information

• Decided 07/18/2013
• Published 07/18/2013

Judges

• KAYATTA

Court

• United States First Circuit

Counsel