Defendant’s sentence, a forfeiture order and convictions for drug trafficking and related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant discovery in support of his vindictive-prosecution claim; 2) a second superseding indictment was timely filed as defendant did not “engage” in a monetary transaction until the funds were deposited into his account; 3) defendant had no reasonable objective expectation of privacy in the front of his home; 4) officers had probable cause to believe there was evidence of criminal activity in defendant’s vehicle to conduct a search; 5) district court did not abuse its discretion in allowing the government a rebuttal opening statement; 6) district court’s imposition of enhancement did not violate defendant’s Sixth Amendment rights where the court was aware of its discretion to impose a below-guideline sentence and adequately considered defendant’s argument for a below-guideline sentence; and 7) district court did not plainly err in instructing the jury that “proceeds” meant “gross proceeds” for forfeiture purposes.
Read US v. Bucci, No. 07-2376
Appellate Information
On Appeal from the United States District Court for the District of Massachusetts
Decided September 11, 2009
Judges
Before: Ebel, Seyla, and Howard, Circuit Judges.
Opinion by Ebel, Circuit Judge
Counsel
For Appellant: Kimberly Homan
For Appellee: Sangita K. Rao, Attorney, Criminal Division, Appellate Section, United States Department of Justice, Michael J. Sullivan, United States Attorney, and Peter K. Levitt, Assistant United States Attorney.
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