United States First Circuit

Conviction and sentence of defendant for conspiring to distribute cocaine base is affirmed, where: 1) agent Mercer's overview testimony was not improper, as most of the testimony about defendant's involvement was based on personal knowledge and represented the fruits of first-hand police work, and defendant did not raise a hearsay objection at trial nor develop it on appeal; 2) allowance of the interpretive testimony of agent Mercer and agent Bruce was not error, plain or otherwise; 3) evidence of defendant's guilt was so overwhelming that the erroneous admission of Mercer's identification testimony did not affect defendant's substantial rights; and 4) sentencing was proper as defendant gave up the opportunity to challenge drug weight and composition for the benefits of stipulating to drug quantity.

Appellate Information

• Decided 10/29/2014
• Published 10/29/2014

Judges

• Thompson

Court

• United States First Circuit

Counsel