United States v. Mills
2013 U.S. App. LEXIS 5139
| 1st Cir. | 2013Background
- Mills suspected of smuggling oxycodone from Canada, with pills concealed in a condom in his rectum.
- Border arrest in Lubec, Maine; 109 oxycodone tablets found in the condom and seized; Mills pled guilty to importing oxycodone.
- District court increased Mills' drug quantity using uncharged conduct described by confidential informants and denied disclosure of their identities.
- Probation calculated a large relevant-conduct quantity based on currency exchanges ($369,203) and cross-border activity (231 border entries) and Mills’ prior smuggling history.
- Sentencing used the total quantity and denied Mills’ Brady-based disclosure request; Mills challenges both disclosure and quantity calculations.
- On appeal, the First Circuit affirms, holding no abuse of discretion in disclosure decision and no clear error in quantity, upholding the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disclosure of CI identities is required? | Mills argues disclosure essential for defense; testing CI reliability. | Government asserts confidentiality protects informants' safety; balanced against defense needs. | No abuse; confidentiality maintained; disclosure not required. |
| Appropriate drug quantity for sentencing? | CIs' unreliability could limit relevant conduct to 8.5 grams. | Court may rely on corroborated CI accounts and other records for relevant conduct. | Quantity supported by (a)-(f) factors and corroboration; no reversible error. |
Key Cases Cited
- United States v. Perez, 299 F.3d 1 (1st Cir. 2002) (balancing informant confidentiality and defense need under Roviaro)
- United States v. Robinson, 144 F.3d 104 (1st Cir. 1998) (tattler's privilege and disclosure considerations)
- Roviaro v. United States, 353 U.S. 53 (1957) (informant identity disclosure when relevant and helpful to defense)
- United States v. Cintrón-Echautegui, 604 F.3d 1 (1st Cir. 2010) (admissibility and reliability standards for sentencing information)
- United States v. Green, 426 F.3d 64 (1st Cir. 2005) (reliability standard for sentencing information despite admissibility)
- United States v. Hall, 434 F.3d 42 (1st Cir. 2006) (basis for using total profits/similar metrics to estimate quantity)
- United States v. Tzannos, 460 F.3d 128 (1st Cir. 2006) (risk considerations in informant disclosure)