U.S. v. DUNSTON

No. 15-1812, No. 15-1999, No. 15-2000.

851 F.3d 91 (2017)

UNITED STATES of America, Appellee, v. James DUNSTON, Defendant, Appellant. United States of America, Appellee, v. Sergio Hernandez, Defendant, Appellant. United States of America, Appellee, v. Anthony Wooldridge, Defendant, Appellant.

United States Court of Appeals, First Circuit.

March 15, 2017.


Attorney(s) appearing for the Case

Peter J. Cyr, with whom Law Offices of Peter J. Cyr, Portland, ME, were on brief, for appellant Wooldridge.

Michael D. Day, with whom The Day Law Firm, LLC, Farmington, CT, was on brief, for appellant Hernandez.

Xiomara M. Hernández, Miami, FL, on brief for appellant Dunston.

Mark T. Quinlivan, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief, for appellee.

Before Barron, Circuit Judge, Souter, Associate Justice, and Selya, Circuit Judge.


In cases in which defendants are accused of trafficking in narcotics, drug quantity is often both an element of the offense and a critical integer in the sentencing calculus. These appeals illustrate that duality and, at the same time, serve to explicate the shifting standards of proof

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