United States v. Dunston, No. 15-1812 (1st Cir. 2017)Annotate this Case
The three defendants in these consolidated appeals pleaded guilty to superseding informations charging them with, as relevant to this appeal, conspiring to possess with intent to distribute crack cocaine. The First Circuit affirmed, holding (1) the admission of certain lay opinion testimony was within the ambit of the district court’s discretion; (2) the evidence was sufficient to support the convictions; (3) the record before the district court was insufficient to show the required predicate offenses to support one defendant’s sentence, and therefore, the case must be remanded to afford the parties an opportunity to present evidence concerning that defendant’s prior convictions; and (4) the trial court did not abuse its discretion in sentencing the remaining two defendants.