It’s a grab bag of victories in the federal circuits for last week. A few sentencing remands – including one based on a loss calculation in a health care fraud case – but the most interesting remand is in the First Circuit’s opinion in United States v. Delgado-Marrero.
To the victories!
1. United States v. Delgado-Marrero, First Circuit: Delgado-Marrero and Rivera-Claudio were both convicted by a jury of drug and gun charges and sentenced to 15 years in prison. Delgado-Marrero was granted a new trial because the district court erred by excluding testimony of a defense witness. The First Circuit also found error with regard to Rivera-Claudio’s sentence because the district court failed to properly instruct the jury that in answering a post-verdict special question regarding quantity of drugs, they needed to be sure of the quantity beyond a reasonable doubt.