United States v. Diaz-Arias, No. 11-2271 (1st Cir. 2013)
Annotate this CaseAfter a jury trial, Defendant was convicted of conspiring to distribute cocaine and sentenced to 120 months' imprisonment to be followed by a supervised term of release. The First Circuit Court of Appeals affirmed in all respects, holding that the district court did not err in (1) permitting a non-expert witness to identify Defendant as one of the speakers in several wiretap recordings; (2) allowing the jury to receive the transcripts of those recordings; (3) allowing the government to introduce evidence about Appellant's co-defendants' unrelated drug activity; (4) declining to give the jury Appellant's proffered race and ethnicity instruction; (5) refusing Defendant's proposed jury instruction asking the jury to determine the drug quantity attributable to Defendant; and (6) finding that Defendant was involved with five or more kilograms of cocaine.
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