United States First Circuit

Conviction and sentence for conspiracy to possess cocaine for distribution and to distribute it are affirmed over defendant's meritless claims of: 1) an impermissible variance between the indictment's charge and the Government's proof; 2) erroneous admission of evidence because the September 2012 sting 'transaction' occurred after the indictment issued in August; 3) error involving the district court's application of the relevant sentencing statute: 21 U.S.C. section 841(b)(1); and 4) an unreasonable disparity between his sentence and that of each of his co-conspirators.

Appellate Information

• Published 2016/07/11

Judges

• SOUTER

Court

• United States First Circuit

Counsel