US v. Ofray-Campos, et. al, Nos. 05-1461, 05-1462, 05-2315, 05-2627, 06-1005 is one of many Puerto Rican drug cases. There are a few interesting issues there, which I will get to later. These include: 1) jury notes; 2) jury contamination by the judge’s remarks (“Quite simply, the extrinsic information allowed the jury to draw the prejudicial inference that, if thirty-seven non-testifying co-defendants had been found guilty of the crimes described in the Indictment, the Appellants also must be guilty.”); and 3) enhancements for leadership roles. A great (but long) case that you folks will have to wait for.
Update: In a rare turn of events, Professor Berman scoops me on this here with a post entitled First Circuit finds stat max sentence (substantively?) unreasonable.
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