United States v. Ramirez-Frechel, No. 19-2010 (1st Cir. 2022)
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The First Circuit affirmed in part and reversed in part the judgment of the district court convicting Defendants, two brothers, of gun and drug crimes and sentencing them to 111 months' imprisonment, holding that there was no error in Defendant's convictions but that remand was required for resentencing.
Specifically, the First Circuit held (1) the jury had sufficient evidence to find that the sale of guns sufficiently promoted, advanced, and made more likely to occur the sale of marijuana; (2) the district court did not err in denying Defendants' Rule 29 motion allowing WhatsApp messages sent for a month after March 23, 2017 to be admitted when the indictment charged conduct only up through March 23, 2017; and (3) the district court erred in applying a four-point enhancement at sentencing pursuant to U.S.S.G. 2K2.1(b)(6)(B).
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