United States First Circuit

Conviction and sentence for possession of cocaine with intent to distribute is affirmed where: 1) defendant's interactions with a suspected drug dealer, including sitting in a car outside a location used to consummate drug deals and apparent receipt of cocaine while in the car, supplied reasonable suspicion for police to stop defendant; 2) the district court did not err in permitting the prosecution to use an incriminating text message in rebuttal despite it arising from a discovery violation under F.R.Crim. P. 16(a)(1)(B) violation; and 3) the application of the dangerous weapon enhancement of U.S.S.G. section 2D1.1(b)(1) to defendant's padlock wrapped in a bandana was not error.

Appellate Information

• Published 2016/08/17

Judges

• BARRON

Court

• United States First Circuit

Counsel