United States First Circuit

Conviction and sentence of defendant for possession with intent to distribute both marijuana and cocaine is affirmed, where: 1) the motion to suppress was properly denied, as specific and articulable facts justified the detectives' belief that defendant was engaged in criminal activity prior to their permissible stop and search; 2) the evidence was sufficient to support a reasonable jury's finding that defendant had actual knowledge of the contents of the suitcase at-issue; 3) the district court's jury instructions as to expert witness testimony was not plainly erroneous and multiple warnings were sufficient to offset any potential confusion; and 4) the sentence enhancements were not erroneous, and acquitted conduct - here, the firearm charge - can form the basis of a sentence enhancement.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Stahl

Court

• United States First Circuit

Counsel