United States v. Guevara, No. 11-2083 (1st Cir. 2013)
Annotate this CaseAfter a jury trial, Appellant was convicted of conspiracy to both possess with intent to distribute and to distribute cocaine and attempted possession with intent to distribute cocaine. The convictions stemmed from a reverse sting operation set up by law enforcement authorities in Massachusetts after Appellant talked with an informant in Peru about purchasing cocaine there. The First Circuit Court of Appeals affirmed, holding (1) the district court did not abuse its discretion in choosing the language for its conspiracy instruction; and (2) the district court did not err in failing to instruct the jury on either affirmative defense of withdrawal or entrapment.
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