Conviction of defendant for distributing drugs and sentenced to 120 months imprisonment and 3 years of supervised release is affirmed where: 1) even if the district court erred in admitting defendant’s confession, any error was harmless beyond a reasonably doubt; 2) any error in admitting disputed statements was harmless beyond a reasonably doubt; 3) district court did not commit clear error in determining drug quantity; and 4) defendant has not shown that the district court failed to comply with Rule 32(i)(3)(B) or that any other error occurred by including the acquitted conduct in the PSR.   

Read US v. Carl , No. 08-2281

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided January 29, 2010

Judges

Before:  Lynch, Chief Judge, Stahl, Circuit Judge, and DiClerico

Opinion by  District Judge DiClerico

Counsel

For Appellant:  Robert C. Andrews

For Appellee:     Margaret D. McGaughey, Appellate Chief, Paula D. Silsby, United States Attorney

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