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United States First Circuit


US v. Diaz-Castro, 12-2038

Defendant's convictions and sentence for multiple counts of conspiracy to possess with intent to distribute a controlled substance, attempt to possess with intent to distribute a controlled substance, and possession of a firearm in relation to a drug trafficking crime are affirmed, where: 1) the evidence presented at trial was more than sufficient to support the jury's verdict; 2) the district court did not err in granting the government's motion to prohibit defendant from entering certain evidence for the purpose of supporting entrapment, derivative entrapment, or duress defenses; 3) the prosecution's burden of proof comments at closing were harmless error; and 4) defendant's multiplicity of charges argument fails because no reasonable jury could find that only a single conspiracy existed, and defendant engaged in two separate drug trafficking crimes.

Appellate Information

  • Decided 05/23/2014
  • Published 05/23/2014

Judges

  • LYNCH

Court

  • United States First Circuit

Counsel

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