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United States v. Reynaldo Landr_n-Class

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Before Lynch, Chief Judge, Selya and Lipez, Circuit Judges.

Appellant, Reynaldo Landr_n-Class, was tried and convicted in the United States District Court for the District of Puerto Rico for his role in a scheme to illegally obtain and distribute prescription drugs. On appeal, Landr_n-Class challenges his conviction on numerous grounds, including: 1) a pre-trial ruling during the voir dire, 2) evidentiary rulings made by the district court during his trial, 3) the court’s decision not to order certain documents turned over to him as Jencks Act material, and 4) the denial of his motion for a judgment of acquittal under Federal Rule of Criminal Procedure 29. He also asserts multiple errors in the determination of his sentence.

We conclude that the district court did err in allowing testimony about the guilty pleas of appellant’s former co-defendants; however, this error was harmless. Additionally, in resolving a claim of sentencing error, we join other circuits in holding that, in determining the appropriate sentence within the guidelines, or in varying from the guidelines, a sentencing court has discretion to consider the defendant’s cooperation with the government as an 18 U.S.C. _ 3553(a) factor, even if the government has not made a United States Sentencing Guidelines (“USSG”) _ 5K1.1 motion for a downward departure.

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