United States v. Chisholm, No. 17-1952 (1st Cir. 2019)
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The First Circuit affirmed the judgment of the district court convicting and sentencing Defendant of a variety of offenses, including conspiring to possess heroin with intent to distribute and possessing and distributing heroin, holding that nothing in the proceedings below rose to the level of reversible error.
On appeal, Defendant argued, among other things, that the judge erred by denying a motion for a mistrial based on the judge's allowing a government witness to retake the stand and recant some trial testimony and a second motion for a mistrial based on his codefendant supposedly offering a defense that was prejudicially antagonistic to his own. The First Circuit affirmed, holding (1) the denial of Defendant's mistrial motions survived abuse-of-discretion scrutiny; and (2) contrary to Defendant's argument on appeal, the sentence was neither implausible or indefensible.
The court issued a subsequent related opinion or order on October 18, 2019.
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