U.S. v. MITCHELL

No. 09-1260.

596 F.3d 18 (2010)

UNITED STATES of America, Appellee, v. Marcus MITCHELL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 22, 2010.


Attorney(s) appearing for the Case

James H. Budreau, on brief for appellant.

Theodore B. Heinrich, Assistant United States Attorney, and Michael K. Loucks, Acting United States Attorney, on brief for appellee.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.


TORRUELLA, Circuit Judge.

Defendant-appellant Marcus Mitchell was convicted after a jury trial for conspiring to distribute cocaine. He now appeals his conviction on two grounds. First, he contends that the district court improperly admitted out-of-court co-conspirator statements despite insufficient evidence to corroborate Mitchell's participation in the conspiracy. See United States v. Petrozziello, 548 F.2d 20 (1st Cir.1977...

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