United States v. Pena, No. 19-1522 (1st Cir. 2022)
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The First Circuit affirmed Defendants' convictions for conspiring to distribute twenty-eight grams or more of cocaine base, holding that neither Defendant was entitled to relief on his claims of error.
Defendants Juan Pena and Rosnil Ortiz were convicted for conspiring to distribute twenty-eight grams or more of cocaine base. On appeal, Defendants argued that the district court erred in allowing the jury to consider certain video recordings and the "out-of-court" statements captured therein. The First Circuit affirmed, holding that the district court (1) did not commit reversible error in admitting certain portions of two videos and the audio statements therein; (2) did not deny Defendants' constitutional rights to confront witnesses and to present a complete defense by excluding certain statements, as Defendants intended to use them; and (3) did not deprive Defendants of their right to an impartial tribunal by instructing the jury mid-cross-examination that it was proper for law enforcement agents to use confidential informants and to take drug weight into account when directing controlled drug purchases.
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