United States v. Rodriguez, No. 12-1476 (1st Cir. 2013)
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After a jury trial, Defendant was convicted of several drug offenses. Defendant was resentenced by the district court on remand. Defendant appealed the resulting sentence, claiming that the district court failed to follow proper sentencing procedures and that it erred when determining the quantity of drugs from which Defendant would be held accountable for sentencing purposes. The First Circuit Court of Appeals affirmed Defendant's sentence, holding (1) the district court erred in its sentencing procedure for determining the appropriate guideline range, but the error did not warrant reversal on plain-error review; and (2) the district court's individualized drug-quantity finding was not affected by clear error, and the court's drug-quantity calculation was supported by reliable evidence in the record.
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