Conviction and sentence for drug crimes and being a felon in possession of ammunition is affirmed where: 1) the district court properly denied defendant’s motion to suppress evidence seized in a search of a house as the search warrant established probable cause to conduct the search; 2) the court properly denied defendant’s motion for a hearing to contest the veracity of statements made by the officer in the warrant affidavit; 3) the evidence was sufficient to support his conviction; 4) the court did not err in admitting prior act evidence as the evidence had special relevance, and even if there was an error it was harmless in light of the other overwhelming evidence against defendant; 5) admission of recorded statements did not violate defendant’s Sixth Amendment rights under Crawford as they were admitted to provide context for the statements of defendant and for the truth of the matter asserted; 6) the court did not abuse its discretion in admitting expert testimony; and 7) defendant’s sentence did not violate the Sixth Amendment.
Read US v. Hicks, No. 07-2037
Appellate InformationAppeal from the United States District Court for the District of Massachusetts.Decided: August 11, 2009
JudgesBefore Lynch, Chief Judge, Boudin and Lipez, Circuit JudgesOpinion by Lipez, Circuit Judge.
CounselFor Appellant: Jennifer Appleyard.
For Appellee: Kelly Lawrence.
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