United States Ninth Circuit

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US v. Rivera-Ruperto, 12-2364

In a case arising out of a large-scale FBI investigation known as 'Operation Guard Shack,' in which the FBI, in an effort to root out police corruption throughout Puerto Rico, orchestrated a series of staged drug deals over the course of several years, sentence and conviction for various federal drug and firearms-related crimes are affirmed over defendant's contentions that the district court committed reversible errors when it: 1) denied his claim for ineffective assistance of counsel during the plea-bargaining stage; 2) failed to instruct the jury that it was required to find drug quantity beyond a reasonable doubt; 3) either declined to consider or rejected his sentencing manipulation claim; and 4) sentenced him to a grossly disproportionate sentence in violation of the Eighth Amendment.

Appellate Information

  • Decided
  • Published 2017/01/13




  • United States Ninth Circuit