United States v. Dellosantos, No. 09-2135 (1st Cir. 2011)Annotate this Case
Defendants and 16 others were charged with distribution and conspiracy to distribute controlled substances including 5 kilograms or more of cocaine and marijuana (21 U.S.C. 841(a)(1), 846) and aiding and abetting. Defendants were convicted. The First Circuit vacated, holding that the evidence at trial against the two prejudicially varied from the conspiracy charge in the indictment. The evidence indicated two separate conspiracies, one based in Maine and one in Massachusetts, with materially different goals. There was little evidence that the defendants joined in the Maine-based conspiracy to distribute both drugs, as alleged. Even if defendants did join in the Massachusetts conspiracy to distribute only cocaine, they were unfairly prejudiced by the difference between that conspiracy and the one alleged in the indictment.