United States v. Soto-Villar, No. 21-1198 (1st Cir. 2022)
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The First Circuit affirmed the district court's judgmentsentencing Defendant to a 188-month term of imprisonment for his conviction of conspiracy to distribute and to possess with intent to distribute on kilogram or more of heroin and 400 grams or more of fentanyl, holding that Defendant's claims did not survive scrutiny.
In his complaint, Defendant argued that the district court mistakenly attributed to him the entirety of the drugs found in an apartment used by him and his coconspirators, and (2) the court erred applying the "stash house" enhancement. The First Circuit affirmed, holding (1) the evidence was sufficient to show that Defendant bore responsibility for the drugs in the apartment; and (2) the "stash house" enhancement was appropriately applied in this case.
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