United States v. Herrera-Rivera

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Defendant appealed his conviction for possession of methamphetamine with intent to distribute and his 120-month sentence. The court rejected defendant's contention that the district court erred by denying his request for an evidentiary hearing on his motion to suppress, denying his Batson challenge without conducting an appropriate Batson analysis, and denying a minor-role reduction. The court also rejected defendant's contention that the government withheld evidence, resulting in prejudice both at trial and at sentencing. The court agreed with defendant, however, that the district court plainly erred by applying an obstruction of justice enhancement to his sentence without making the express findings required by United States v. Castro-Ponce. Finally, the court concluded that there is no basis to reverse on direct appeal where counsel opted to chose not to raise a valid objection regarding defendant’s contention that the government failed to disclose its suspicion that the defendant was a longtime pedestrian narcotics smuggler, resulting in prejudice at trial and at sentencing. Accordingly, the court affirmed the judgment. View "United States v. Herrera-Rivera" on Justia Law