US v. Zapata, No. 08-1554

District court's conviction of defendant for unlawful use of a communication facility in connection with a drug trafficking offense in exchange for the dismissal of a drug conspiracy charge in an indictment, and sentenced to 48 months' imprisonment, the statutory maximum is affirmed where: 1)  the sentence fell within constitutional limits as it did not exceed the statutory maximum set by Congress; 2) district court's drug quantity estimate represents a reasonable view of the record and is therefore not clearly erroneous; and 3) defendant's sentence is procedurally and substantively reasonable.   

Read US v. Zapata, No. 08-1554

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided December 16, 2009

Judges

Before:  Torruella, Tashima, and Lipez, Circuit Judges

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:      David J. Apfel, Alison V. Douglass, Elianna J. Marziani and Goodwin Proctor LLP

For Appellee:    Neil J. Gallagher, Jr., Assistant United States Attorney, Michael J. Sullivan, United States Attorney, and Mark T. Quinlivan, Assistant United States Attorney