United States v. Candelaria-Silva, No. 11-1064 (1st Cir. 2013)
Annotate this CaseAfter a jury trial, Defendant was found guilty of conspiracy to possess with the intent to distribute fifty grams or more of cocaine base, five kilograms or more of cocaine, one or more kilograms of heroin, and an undetermined quantity of marijuana, and possession with intent to distribute cocaine base, cocaine, heroin, and marijuana. Defendant received a thirty-year incarcerative sentence. Defendant subsequently filed a motion for reduction of sentence. The district court denied the motion. The First Circuit Court of Appeals vacated and remanded because the court's conclusion was not self-evident on the face of the record. In remanding, the First Circuit directed that Defendant could only be held responsible for those drugs he personally handled as well as "those that were reasonably foreseeable to him." The district court reaffirmed its ruling on remand, finding that the quantity of heroin distributed by the conspiracy was reasonably foreseeable to Defendant and in itself sufficient to support Defendant's sentence. The First Circuit reversed, holding that the district court's foreseeability finding and the drug quantity determinations underlying it were clearly erroneous.
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