United States v. Perez

Drug conspiracy convictions and sentences affirmed; court's failure to instruct jury to determine whether venue alleged in indictment was proper was not reversible error because defendants failed to object to venue prior to close of prosecution's case, and there was no genuine issue of material fact with regard to proper venue.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Argued: December 12, 2000

OPINION OF THE COURT

Defendants/Appellants Linette Perez (“Perez”), Juancho Alcantera (“Alcantera”), and Edmundo Batoon (“Batoon”) appeal their convictions on the charge of conspiracy to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of New Jersey and elsewhere in violation of 21 U.S.C. S 846 and S 841(a)(1). All three were convicted by a jury in the United States District Court for the District of New Jersey. In this appeal, Appellants challenge their convictions on numerous grounds, one of which is a question of first impression for this Court — whether and under what circumstances the trial court must give a jury instruction on venue. Appellants Alcantera and Batoon also challenge the District Court’s ruling on a minor role reduction, and the attributable drug quantity, at sentencing. We affirm the convictions and sentences of each Appellant.

More From ALM

Improve your organization’s efficiency and transform challenges into opportunities by downloading this checklist that covers four key competencies of a mature governance practice.

Driving Value with Better Decision-Making: A Governance Maturity Checklist

Brought to you by Diligent Corporation
Download Now

Why are top-tier small law firms gaining efficiencies and increasing productivity with the adoption of cutting-edge AI research and drafting tools? Download this brief to uncover the top reasons behind this strategic move.

Strategic Triumph: Unveiling the Secrets Behind Small Law Firms Thriving with AI Research and Drafting

Brought to you by LexisNexis®
Download Now

Ensure your organization's growth and investment strategies align with national security requirements. Learn how CFIUS compliance can protect your business from foreign investment risks. Download the comprehensive guide now.

CFIUS Compliance: Your Organization's Growth and Investment Strategy May Be a Matter of National Security

Brought to you by HaystackID
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More