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U.S. v. CLEVELAND

Nos. 96-1043, 96-1669, 96-1128 and 96-1659.

106 F.3d 1056 (1997)

UNITED STATES of America, Appellee, v. Donald E. CLEVELAND, Defendant, Appellant. UNITED STATES of America, Appellee, v. Ramon E. VASQUEZ, Defendant, Appellant. UNITED STATES of America, Appellee, v. Enrique GRAY-SANTANA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 18, 1997.

Attorney(s) appearing for the Case

Inga S. Bernstein and John H. Cunha, Boston, MA, by Appointment of the Court, with whom Norman S. Zalkind, Zalkind, Rodriguez, Lunt & Duncan and Salsberg, Cunha & Holcomb, P.C. were on consolidated briefs, for defendants-appellants Enrique Gray-Santana and Donald E. Cleveland.

Oliver C. Mitchell, Jr., Boston, MA, with whom Donnalyn B. Lynch Kahn and Goldstein & Manello, P.C. were on brief for defendant-appellant Ramon E. Vasquez.

Andrea Nervi Ward, Assistant United States Attorney, Boston, MA, with whom Donald K. Stern, United States Attorney, was on briefs, for the United States.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOWNES, Senior Circuit Judge.

CAMPBELL, Senior Circuit Judge.

Ramon E. Vasquez appeals from his conviction by a jury for conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846 and for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841. He contends that the district court erred in denying his motion to suppress certain physical evidence and in omitting "hesitate to act" language from its reasonable doubt instruction.

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