Defendants' convictions and sentences for conspiracy to possess with intent to distribute certain narcotics is affirmed where: 1) there is clear record support for the district court's finding that one of the defendants was accountable for more than 4.5 kg of cocaine base during the charged conspiracy; 2) district court's error in not handling a defendant's expert request on an ex parte basis was harmless; 3) district court did not abuse its discretion in refusing to order production of a pretrial photograph; and 4) there was no abuse of discretion in the court's ruling that the government's failure to produce an audio recording did not result in prejudice.
Appeal from the United States District Court for the District of Puerto Rico
Decided October 27, 2009
Opinion by: Lipez, Circuit Judge
For Appellant: Vivianne M. Marrero, Joseph C. Laws, Jr., Federal Public Defender, and Patricia A. Garrity, Assistant Federal Public Defender
For Appellee: Luke Cass, Assistant United States Attorney, Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division