United States v. Bernier
2011 U.S. App. LEXIS 22208
| 1st Cir. | 2011Background
- Bernier was found guilty of conspiracy to possess with intent to distribute marijuana as part of a nationwide distribution ring.
- Marquis, the ringleader, acquired marijuana in Canada and transported it to the U.S. and sold portions to Bernier and others.
- Donato and Webber were introduced to Marquis by Bernier; Marquis delivered marijuana to them and occasionally to Bernier.
- Nadeau shared a storage unit with Marquis and occasionally delivered marijuana to Bernier and others.
- On July 10, 2009, Bernier was indicted; a PSI/PSI amendment informed the sentencing court’s quantity calculation.
- At disposition, the court attributed 26 kilograms of marijuana to Bernier, yielding a base offense level of 18 and a 27-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred in drug quantity calculation | Bernier argues coconspirator testimony was unreliable and overstated quantity | Bernier contends testimony lacked precision and the court’s estimate was a guess | No clear error; quantity supported by conservative, reasoned estimates |
Key Cases Cited
- United States v. Rodríguez-Lozada, 558 F.3d 29 (1st Cir. 2009) (deferential review of drug-quantity findings; not clear error)
- United States v. Platte, 577 F.3d 387 (1st Cir. 2009) (accepts reasoned estimates in quantity determinations)
- United States v. Rivera Calderón, 578 F.3d 78 (1st Cir. 2009) (individualized quantity determination within conspiracy context)
- United States v. Pierre, 484 F.3d 75 (1st Cir. 2007) (credibility determinations are within sentencing court’s purview)
- United States v. Hernández, 109 F.3d 13 (1st Cir. 1997) (accomplice testimony requires cautious consideration)
- United States v. Pelotier, 845 F.2d 1126 (1st Cir. 1988) (accomplice testimony credibility considerations)
- United States v. González-Vélez, 587 F.3d 494 (1st Cir. 2009) (credibility determinations in sentencing context)
- United States v. Calderón, 578 F.3d 78 (1st Cir. 2009) (context of quantity determination and harmless error)