District court’s conviction of defendant for unlawful use of a communication facility in connection with a drug trafficking offense in exchange for the dismissal of a drug conspiracy charge in an indictment, and sentenced to 48 months’ imprisonment, the statutory maximum is affirmed where: 1) the sentence fell within constitutional limits as it did not exceed the statutory maximum set by Congress; 2) district court’s drug quantity estimate represents a reasonable view of the record and is therefore not clearly erroneous; and 3) defendant’s sentence is procedurally and substantively reasonable.
Read US v. Zapata, No. 08-1554
Appellate Information
Appeal from the United States District Court for the District of Massachusetts
Decided December 16, 2009
Judges
Before: Torruella, Tashima, and Lipez, Circuit Judges
Opinion by Lipez, Circuit Judge
Counsel
For Appellant: David J. Apfel, Alison V. Douglass, Elianna J. Marziani and Goodwin Proctor LLP
For Appellee: Neil J. Gallagher, Jr., Assistant United States Attorney, Michael J. Sullivan, United States Attorney, and Mark T. Quinlivan, Assistant United States Attorney
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