United States v. Rosario-Otero, No. 11-2242 (1st Cir. 2013)
Annotate this CaseRosario, a member of the "Los Dementes" drug trafficking organization in Cataño and Guaynabo, Puerto Rico, was convicted of conspiracy to possess with intent to distribute, 21 U.S.C. 846, and possession with intent to distribute both cocaine and crack cocaine, section 841(a)(1). The jury made specific drug quantity findings: at least 150 grams of crack cocaine and at least 5 kilograms of cocaine. The district court sentenced him to 151 months' incarceration and 10 years' supervised release. The First Circuit upheld the convictions, but found the evidence insufficient to support a finding, beyond a reasonable doubt, that Rosario was responsible for the elevated drug quantities. On remand, the court granted Rosario’s request for resentencing in Puerto Rico. Due to scheduling conflicts, he did not meet with counsel until the night before the hearing. The district court denied a continuance, found that Rosario could have foreseen the possession and distribution of five to 15 kilograms of cocaine, and again imposed a sentence of 151 months' incarceration and 10 years' supervised release. The First Circuit affirmed with respect to incarceration, finding no clear error in the sentencing court's drug quantity calculation, but vacated and remanded for recalculation of the term of supervised release.
The court issued a subsequent related opinion or order on September 19, 2013.
The court issued a subsequent related opinion or order on September 25, 2013.
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