U.S. v. VÁZQUEZ-CASTRO

No. 09-2109.

640 F.3d 19 (2011)

UNITED STATES of America, Appellee, v. José A. VÁZQUEZ-CASTRO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 7, 2011.


Attorney(s) appearing for the Case

Alvin E. Entin , with whom Elaine Mittleman was on brief and Richard Della Fera and Entin & Della Fera, P.A., was on reply brief, for appellant.

Vernon B. Miles , with whom Rosa Emilia Rodriguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, and Luke Cass , Assistant United States Attorney, were on brief for appellee.

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


SILER, Circuit Judge.

Jose Vazquez-Castro was convicted by a jury of three counts: (1) conspiracy to possess with intent to distribute cocaine; (2) possessing cocaine with intent to distribute; and (3) possessing a firearm in furtherance of drug trafficking. He appeals the sufficiency of the evidence for the weapon charge in Count Three, and argues the district court erred by instructing the jury on the Pinkerton theory...

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