U.S. v. AZUBIKE

No. 08-1493.

564 F.3d 59 (2009)

UNITED STATES of America, Appellee, v. Franklin AZUBIKE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 29, 2009.


Attorney(s) appearing for the Case

James H. Budreau, for appellant.

Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

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


LYNCH, Chief Judge.

After this court vacated a prior conviction and remanded for a new trial, Franklin Azubike was again convicted for conspiring to distribute heroin and possessing heroin with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846. This court had vacated his prior 2006 conviction and had remanded to the district court, finding that although there was sufficient evidence to uphold the jury's verdict, prosecutorial error required...

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