U.S. v. GRULLON

No. 07-1982.

545 F.3d 93 (2008)

UNITED STATES of America, Appellee, v. Benito GRULLON, a/k/a Quico, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 24, 2008.


Attorney(s) appearing for the Case

Israel Arana for appellant.

Kirby A. Heller, Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Neil J. Gallagher, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA and BOUDIN, Circuit Judges, and SCHWARZER, District Judge.


BOUDIN, Circuit Judge.

Benito Grullon was indicted for conspiring to distribute cocaine, 21 U.S.C. § 846 (2000), and also for distributing cocaine, 21 U.S.C. § 841(a)(1). He was convicted on the conspiracy count; the distribution count was dismissed by the district court without prejudice for pre-indictment delay. He was sentenced to 63 months imprisonment and now appeals.

Grullon's first contention on appeal is that his motion for judgment of acquittal...

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