United States v. Paz-Alvarez, No. 13-2098 (1st Cir. 2015)Annotate this Case
Appellants, Angel Paz-Alvarez (Paz) and Luis Marrero-Marrero (Marrero), were convicted for their participation in a drug trafficking conspiracy. The First Circuit affirmed, holding (1) the jury was properly instructed as to the mens era required for conspiracy; (2) the district court did not fail to charge the jury with the reasonable doubt standard on an element that increased the mandatory minimum or maximum sentences; (3) the evidence was sufficient to support Paz’s convictions; (4) the district court did not err by applying a two-level sentence enhancement to Paz’s sentence for using a “special skill”; (5) the conspiracy statutes are not unconstitutional as applied to Marrero; (6) the admission of hearsay evidence did not give rise to a prejudicial variance; and (7) Marrero’s cumulative error argument was waived.