United States v. Ortiz-Islas, No. 14-1864 (1st Cir. 2016)
Annotate this CaseAfter a jury trial, Defendant was convicted of conspiring to distribute and to possess with intent to distribute at least five kilograms of cocaine. The district court sentenced Defendant within the Guidelines sentencing range to 170 months’ imprisonment. The First Circuit affirmed, holding (1) there was no variance between the indictment’s charge and the government’s proof; (2) the district court did not abuse its discretion in admitting evidence of a sting “transaction” that occurred after the indictment issued; (3) the district court’s application of the sentencing statute did not require reversal; and (4) Defendant failed to carry his burden of showing that his sentence was either substantively or procedurally unreasonable.
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