Legal Opinion

United States v. Del Valle

Court of Appeals for the First Circuit

Decided May 12, 2009No. 08-1234PublishedCited by 16 opinions

1Opinion of the Court

LYNCH, Chief Judge.

This appeal is about the denial of a new trial to a convicted significant drug conspirator. Even given that we are the only circuit which has ruled that an affidavit from a convicted codefendant who refused to testify at trial may be used to support a new trial motion because it was “unavailable” at trial, this defendant’s appeal fails.

Douglas Gorbea Del-Valle, the appellant here, and José Ramón Hernández-Rodríguez were involved in a conspiracy to import, possess, and distribute a large amount of cocaine. Gorbea played a major role in the conspiracy: the trading company…

2Cases cited12 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Eberhart v. United StatesSupreme Court of the United States · 2005
  3. United States v. Jose Ramon Hernandez, United States of America v. Douglas Gorbea Del-ValleCourt of Appeals for the First Circuit · 2000
  4. United States v. Montilla-RiveraCourt of Appeals for the First Circuit · 1997
  5. United States v. Thomas P. JasinCourt of Appeals for the Third Circuit · 2002

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States v. Ramos-GonzalezCourt of Appeals for the First Circuit · 2015
  2. United States v. SpencerCourt of Appeals for the First Circuit · 2017
  3. United States v. Molina-GomezCourt of Appeals for the First Circuit · 2015
  4. United States v. García-PastranaCourt of Appeals for the First Circuit · 2009
  5. United States v. Laureano-SalgadoCourt of Appeals for the First Circuit · 2019

11 more not listed; retrieve them via the Exa API.

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