United States v. Ruiz, No. 20-1156 (1st Cir. 2021)
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The First Circuit affirmed Defendant's convictions and sentence for one count of conspiracy to distribute and to possess with intent to distribute heroin and one count of distribution of heroin, holding that Defendant was not entitled to relief on her allegations of error.
For the convictions, the district court imposed a downward variant sentence of forty-eight months' imprisonment followed by two years of supervised release. The First Circuit affirmed, holding (1) the district court did not abuse its discretion by finding certain coconspirator statements were non-hearsay under Fed. R. Evid. 801(d)(2)(E) and admitting the statements into evidence; (2) Defendant waived her claim of error regarding the propriety of the jury instructions about the elements of the offenses; and (3) the district court did not clearly err by applying a three-level mitigating role reduction under U.S.S.G. 3B1.2 rather than a four-level minimal role reduction.
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