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Cocaine Conviction and Sentence Affirmed

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By FindLaw Staff on April 23, 2010 2:03 PM

In US v. Gales, No. 08-3040, the court of appeals affirmed defendant's sentence for distribution of cocaine base, holding that 1) the district court did not clearly err in thinking it highly unlikely that defendant did not have any further information on the identity of his steady supplier, whom he claimed to have known for ten years, beyond the vague description given to the government; 2) there was no incorrect application by the district court of the burden of proof to defendant; and 3) the district court's conclusion was consistent with the underlying purposes and established criteria of the safety valve provision.

In US v. Perez, No. 08-3073, the D.C. Circuit affirmed defendant's conviction for drug possession with intent to distribute, on the grounds that 1) the statements of defendant's counsel, considered along with defendant's understanding of the proceedings against him and his ability to assist counsel before and during trial, precluded reasonable cause to believe defendant was incompetent to stand trial; and 2) the record conclusively showed that defendant could not prevail on his ineffective assistance claim.

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