US v. Irizarry, 02-1269, remands (with the government's agreement) NINETEEN life sentences under Booker! In affirming the underlying convictions. The court noted, however, that a special indictment did provide a factual basis for a sentence of greater than 20-years, and therefore, the sentencing court need not rely on the catch-all provision in 21 U.S.C. § 841(b)(1)(C).
The court rejected a Brady challenge, noting that there was no indication that it would have made a difference, anyway.
The court also affirmed objections under:
- Fed. R. Evid. 801(d)(2)(E) (hearsay exclusion for statements of co-conspirator) holding that there was adequate evidence to support the court's finding that there was a "pattern of killing those who had wronged members of the conspiracy in order to protect the conspiracy."
- Fed. R. Evid. 801(d)(1), noting that evidence that has been introduced to impeach falls under this exclusion.
There were a number of miscellaneous claims regarding the sufficiency of the evidence, which were rejected.