United States v. Peake, No. 14-1088 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Defendant was convicted of participating in a conspiracy to fix the prices of Puerto Rico freight services. Defendant was sentenced to sixty months’ imprisonment. The First Circuit affirmed, holding (1) Defendant was correctly charged, and the indictment was not defective; (2) the district court did not err in denying Defendant’s motion to suppress the search of his personal electronics; (3) the district court did not err in denying Defendant’s pre-trial motion to change venue; (4) the district court did not err in refusing to grant Defendant a new trial on the basis of prosecutorial misconduct; (5) the district court did not abuse its discretion in permitting the testimony of certain witnesses; (6) the district court did not err in denying Defendant’s request for a theory-of-defense instruction; (7) the district court did not err in denying Defendant’s request for a mistrial when, during jury deliberations, the jury sent the judge a note stating that it could not come to a verdict; and (8) there was no error in Defendant’s sentence.
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