United States v. Fernandez-Hernandez, 652 F.3d 56

Three defendants González-Méndez, Fernández, and Rosario were tried on conspiracy and drug charges related to the Los Dementes operation in Juana Matos, Puerto Rico.
González owned a drug point in Vietnam Ward; Fernández worked as a seller/enforcer and later led that operation; Rosario operated a drug point outside Juana Matos.
Evidence centered on cooperating witnesses García-Heredia, William Rosario, and Casiano, plus surveillance and seized narcotics, cash, and weapons.
Defendants were convicted on conspiracy and substantive drug counts; González and Fernández received life sentences; Rosario received 151 months.
The district court applied the murder cross-reference to set González and Fernández at life imprisonment, based on the April 25, 2004 killings.
On appeal, Rosario’s elevated-quantity convictions were vacated and remanded for re-sentencing due to insufficient evidence of large quantities.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Juror notes handling and Rule 43 violation	Defendants claim the court violated Rule 43 by not informing counsel about jury notes.	Defendants argue the procedural error affected fairness and substantial rights.	Prejudicial effect not shown; error forfeited, no plain-error impact.
Voir dire of alternates outside presence	Rosario contends right to presence under Rule 43 was violated.	Court's outside-presence questioning was justified; Rosario waived by silence.	No Sixth Amendment/Rule 43 violation; waiver proper.
Fair cross-section of the community	Jury not drawn from a fair cross-section due to English proficiency and demographics.	English proficiency requirement justified; prior circuit precedent forecloses change.	No reversible error; claim foreclosed by precedent.
Spanish translation of jury instructions	Lack of Spanish translation violated fair-trial rights.	Not preserved and precedent discourages non-English jury instructions.	Forfeited and foreclosed by precedent; no reversible error.
Sufficiency of Rosario’s quantities	Evidence supported elevating Rosario’s drug quantities.	Evidence insufficient to prove elevated quantities attributable to Rosario.	Sufficient for conspiracy and possession; insufficient for quantities; vacate and remand for Rosario.

Maraj v. United States, 947 F.2d 520 (1st Cir.1991) (jury-note handling guidance for admissibility and non-prejudicial error)
United States v. Ofray-Campos, 534 F.3d 1 (1st Cir.2008) (Rule 43 and jury-notes; ex parte communications)
United States v. Gagnon, 470 U.S. 522 (Supreme Court 1985) (presence required; not all conferences require defendant attendance)
Petrozziello v. United States, 548 F.2d 20 (1st Cir.1977) (provisional admission of coconspirator statements for Rule 801(d)(2)(E))
Ortiz v. United States, 966 F.2d 707 (1st Cir.1992) (Petrozziello applicability; final ruling timing)
Isabel v. United States, 945 F.2d 1193 (1st Cir.1991) (reviewing hearsay rulings under coconspirator exceptions)
González-Maldonado, 115 F.3d 9 (1st Cir.1997) (English-only jury instructions discouraged; proficiency standard)
Dávila-González, 595 F.3d 42 (1st Cir.2010) (sentence-review framework; Booker advisory guidelines)
United States v. Peterson, 385 F.3d 127 (2d Cir.2004) (Rule 43 waiver and defense rights in sidebar conferences)
United States v. Collazo-Aponte, 216 F.3d 163 (1st Cir.2000) (Rule 43 waiver in voir dire context)