United States v. Therrien, No. 16-1103 (1st Cir. 2017)Annotate this Case
After a jury trial, Appellant was convicted of five counts of drug trafficking and one count of being a felon in possession of a firearm and ammunition. Appellant was sentenced to a term of sixty-three to seventy-eight months. The First Circuit affirmed Appellant’s conviction and sentence, holding (1) the totality of the circumstances here did not present the rare case where any government misconduct was sufficiently blatant, outrageous, or egregious to warrant the dismissal of Appellant’s indictment; (2) the trial court adequately inquired into the existence and extent of any prejudice Appellant suffered after at least two jurors viewed a text message on his phone and effectively mitigated any prejudice suffered by Appellant; and (3) the district court did not err when it refused to decrease Appellant’s offense level during sentencing.