United States v. Spencer, No. 16-1104 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Defendant’s convictions of one count of possession with intent to distribute cocaine base and one count of conspiracy to possession with intent to distribute cocaine base and the denial of Defendant’s motion for a new trial based primarily on an alleged Brady violation. The court held (1) the district court did not reversibly err in denying Defendant’s Brady-based motion for a new trial; (2) the district court did not err in admitting certain testimony from two police officers concerning Defendant’s conduct during and immediately preceding the undercover drug purchase that led to the charges against him; (3) Defendant failed to show that certain statements made by the prosecutor during closing argument were prejudicial; and (4) the decision of the magistrate judge assigned to Defendant’s case to deny discovery on Defendant’s claim of vindictive prosecution was not an abuse of discretion.
The court issued a subsequent related opinion or order on September 29, 2017.