Friday, May 03, 2013

First Circuit -- US v. Gomez

Crim --

Sufficient evidence for single conspiracy -- events introduced were therefore not outside the timeline and a variance from the indictment.

Sufficient probable cause for search, as police knew the substance of the transaction in the abandoned building.

No Apprendi violation in sentencing enhancement for quantity of drug above what was charged in the indictment, as the enhancement is found by a preponderance.

No unfair notice for same, as deft had knowledge of the amounts involved.

US v. Gomez 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.