United States First Circuit

Defendant's convictions and sentence for charges stemming from the distribution of marijuana and crack cocaine are: 1) vacated in part, where 21 U.S.C. section 860(a) does create an independent substantive offense for drug distribution in close proximity to a youth center, but here the evidence offered at trial was insufficient to support convictions for that offense; but 2) affirmed in part, where defendant can be held to account on a lesser included offense theory under 21 U.S.C. section 841(a)(1), so the matter is remanded for resentencing.

Appellate Information

• Decided 05/02/2014
• Published 05/02/2014

Judges

• SELYA

Court

• United States First Circuit

Counsel