United States v. Valdivia, No. 08-1547 (1st Cir. 2012)Annotate this Case
Defendant was convicted of conspiracy to possess with intent to distribute one or more kilograms of heroin, 21 U.S.C. 841, 846, and conspiracy to import one or more kilograms of heroin into the U.S., 21 U.S.C. 952(a),963, and was sentenced to 210 months' imprisonment. The First Circuit affirmed, rejecting claims that the district court erred in: denying a motion to dismiss pursuant to the Speedy Trial Act; making inappropriate comments during trial and providing the jury with misleading instructions; permitting the government to present inadmissible hearsay and improper overview testimony; allowing a government fact witness to render expert testimony without the requisite qualification and advance notice; denying multiple requests to suppress foreign wiretap evidence; and improperly applying the guidelines during sentencing.