Defendants' drug conspiracy sentences are vacated, where the Court of Appeals in a prior opinion instructed the District Court not to defer to the jury on credibility issues with respect to the drug quantity at issue for sentencing purposes, but the District Court nonetheless did so.
APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. Héctor M. Laffitte, U.S. District Judge.
Decided: June 18, 2009
Before Torruella, Lipez, and Howard, Circuit Judges.
Opinion by Torruella.
Stephen Neyman, for appellant John Correy.
Linda George, for appellant Raymond Nicolai-Cabassa.
Luis M. Cháves-Ghigliotty, for appellant Angel Casas.
Terrance J. McCarthy, for appellant José Bonilla-Lugo.
Mauricio Hernández-Arroyo, for appellant Angel Luis Pizarro-Morales.
Germán A. Rieckehoff, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief for appellee.