(DOWNLOAD) "United States v. Martinez-Larraga" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Martinez-Larraga
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 07, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Appellants Humberto Martinez-Larraga ("Martinez-Larraga"), Francisco Javier Garza-Guevarra ("Garza-Guevarra"), Manuel Guevarra-Rodarte ("Guevarra-Rodarte"), and Amado Romeo-Ortiz ("Romeo-Ortiz") (collectively, "the defendants") were convicted by a jury of conspiracy to possess with intent to distribute more than 100 kilograms of marihuana in violation of 21 U.S.C. §Â§ 846, 841(a)(1), and 841(b)(1)(B), and of possession of more than 100 kilograms of marihuana with intent to distribute it in violation of 21 U.S.C. §Â§ 841(a)(1) and (b)(1)(B). They were indicted following the United States Border Patrol agents having caught them, on September 30, 2005, carrying bundles of marihuana north from the Mexican border near Brownsville, Texas. The four defendants each primarily argue that their convictions should be reversed and remanded for new trial because the prosecutor commented on their post-arrest, pre-trial, silence during its rebuttal closing argument. Martinez-Larraga, Romeo-Ortiz, and Guevarra-Rodarte also argue that their convictions should be reversed and remanded for new trial because the government improperly bolstered its witnesses testimony during closing argument. Finally, Romeo-Ortiz additionally complains that the district court erred by denying him a downward adjustment of his base offense level pursuant to United States Sentencing Guidelines (U.S.S.G.) § 3B1.2.