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U.S. v. FAMANIA-ROCHE

No. 07-1499.

537 F.3d 71 (2008)

UNITED STATES of America, Appellee, v. Jerry FAMANIA-ROCHE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 11, 2008.

Attorney(s) appearing for the Case

Mariana E. Bauz-Almonte, Assistant United States Attorney, with whom Nelson Pérez-Sosa, Assistant United States Attorney, and Rosa Emilia Rodriguez-Velez, United States Attorney, were on brief, for appellee.

Mark L. Stevens, with whom Law Office of Mark Stevens was on brief, for appellant.

Before LYNCH, Chief Judge, and BOUDIN and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Defendant Jerry Famania-Roche was charged, along with sixty-five others, with conspiracy to possess with intent to distribute and distribution of more than five kilograms of cocaine and one kilogram of heroin. He was convicted following a two-day jury trial and sentenced to 120 months, the applicable statutory mandatory minimum, pursuant to 21 U.S.C. § 841(b)(1)(A). He appeals, claiming that the district court plainly erred in admitting...

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