United States v. Ramos-Gonzalez, No. 12-1610 (1st Cir. 2015)
Annotate this CaseA jury found Appellant guilty of one count of possession with intent to distribute more than 500 grams of cocaine. Appellant was tried a second time on the drug trafficking charge after the First Circuit concluded that Appellant’s Sixth Amendment right to confrontation had been violated at his first trial. At retrial, a jury again found Appellant guilty of the drug possession charge. At sentencing, the district court treated Appellant as a career offender under the Sentencing Guidelines. The First Circuit affirmed the conviction but remanded for resentencing without the career offender enhancement, holding (1) the government’s delay in bringing the indictment did not violate Appellant’s due process rights; (2) the district court did not abuse its discretion in denying Appellant’s motion to dismiss the indictment for prosecutorial misconduct; (3) the court did not commit reversible error in its evidentiary rulings or in instructing the jury; (4) the court’s refusal to continue Appellant’s sentencing hearing, if error, was harmless; and (5) in designating Appellant as a career offender, the district court relied on a predicate offense that does not qualify for that purpose.
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