United States First Circuit
US v. Pizarro, http://media.ca1.uscourts.gov/pdf.opinions/12-1759P-01A.pdf
Conviction and sentence of defendant for conspiracy to distribute cocaine and heroin and for possession with intent to distribute cocaine is: 1) affirmed as to the convictions for aggravated drug conspiracy and possession, where the district court erred by failing to instruct the jury on individualized drug quantity, but because the omitted elements were uncontested and supported by overwhelming evidence such that the jury verdict would have been the same absent the errors, the instructional Alleyne errors were harmless; and 2) vacated as to the sentence and remanded for resentencing, where the district court refused to engage in credibility assessments with respect to drug quantity and refused to consider Pizarro's arguments regarding firearm enhancement.
Appellate Information
- Decided 11/14/2014
- Published 11/14/2014
Judges
- Lipez
Court
- United States First Circuit