Conviction of defendant for distributing drugs and sentenced to 120 months imprisonment and 3 years of supervised release is affirmed where: 1) even if the district court erred in admitting defendant's confession, any error was harmless beyond a reasonably doubt; 2) any error in admitting disputed statements was harmless beyond a reasonably doubt; 3) district court did not commit clear error in determining drug quantity; and 4) defendant has not shown that the district court failed to comply with Rule 32(i)(3)(B) or that any other error occurred by including the acquitted conduct in the PSR.
Appeal from the United States District Court for the District of Puerto Rico
Decided January 29, 2010
Opinion by District Judge DiClerico
For Appellant: Robert C. Andrews
For Appellee: Margaret D. McGaughey, Appellate Chief, Paula D. Silsby, United States Attorney