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United States v. DePierre

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

After selling drugs on two occasions to a government informant, Frantz DePierre was tried and convicted of distributing cocaine in powder form (in the first sale), 21 U.S.C. § 841(a)(1) (2006), and of distributing 50 grams or more of cocaine base (in the second), id., which carries a ten- year minimum sentence, id. § 841(b)(1)(A)(iii). In reviewing DePierre’s appeal, we begin with a brief overview of events, adding details in the discussion of individual claims of error.

In January 2005, a confidential informant (“CI”) working with government agents received a call from DePierre. According to the CI’s later trial testimony, DePierre offered to sell the CI crack cocaine. The CI, himself a former drug dealer, had been working with agents to investigate firearm and drug sales in the Haitian community in and around Boston, and the CI and DePierre had had earlier contacts. In a follow-up recorded phone call by the CI, primarily concerning proposed gun purchases, DePierre confirmed that he had the “cookies,” a reference to crack according to the CI.*fn1

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