United States v. Garcia, No. 10-1913 (1st Cir. 2012)Annotate this Case
Defendants were convicted of conspiracy to distribute cocaine, and to possess it with intent to distribute, 21 U.S.C. 841(a)(1), 841(b)(1)(A)(ii), and 846. The First Circuit affirmed, finding that the evidence was sufficient to prove defendant was a conspirator and to support the finding of the amount of the drug attributable to him. The trial court properly admitted evidence of law enforcement officers' precautions in executing a search warrant and in refusing to declare a mistrial sua sponte in response to prosecution testimony referring to a threat of violence by one of defendant's co-conspirators and to the Mexican origin of the drugs.