United States v. Carter, No. 20-1953 (1st Cir. 2021)
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The First Circuit affirmed Defendant's conviction and sentence for conspiracy to commit Hobbs Act robbery, robbery, and discharging and brandishing a firearm during and in relation to a crime of violence, holding that there was no error in Defendant's convictions or sentence.
On appeal, Defendant argued that the district court erred in admitting hearsay evidence and erred in instructing the jury on vicarious liability. Defendant further argued that the district court erroneously applied the official-victim adjustment in United States Sentencing Guidelines 3A1.2. The First Circuit affirmed, holding (1) any impermissible inference of guilt drawn from the contested statements was harmless; (2) the district court's jury instructions were not incorrect or misleading as to the two theories of vicarious liability; and (3) there was no error in the district court's Sentencing Guidelines calculation.
The court issued a subsequent related opinion or order on January 12, 2022.
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