United States v. Rose, No. 13-1525 (1st Cir. 2015)Annotate this Case
After a jury trial, Russell Rose and Kelvin Frye were convicted of conspiring to distribute arising from their respective roles in a Cape Cod-based drug-distribution conspiracy. The First Circuit affirmed the convictions and sentences, holding (1) no error occurred in the authorization of the government’s applications for phone wiretaps that produced tapes of intercepted phone calls between the co-conspirators; (2) the government properly utilized its central witness, and the witness’s testimony was not improper overview testimony; (3) a jury would have convicted Defendants even if evidence recovered from the search of the curtilage of Rose’s home was improperly admitted; and (4) even the district court violated Alleyne v. United States in sentencing Defendants, neither party could establish the necessary prejudice to sustain their claim of Alleyne error.