First Circuit: US v. Padilla-Galarza


Where deft counsel approves plan of insulating confession of codefendant from incriminating the deft, review is for plain error; in this case, no error plain or otherwise when incriminating conclusion could only be reached by inference.

District Court did not abuse its discretion in issuing a protective order prohibiting leaving cooperating witnesses' statements with the deft, as there was sufficient showing of good cause, the Jencks Act statutory right to the materials was adequately preserved, and deft's courtroom misbehavior justified the limitation on the 6A right to the materials.

Court adequately ensured sufficient Jencks Act access to agents' notes by questioning testifying agent as to scope of note-taking and accepting their answer.

Limiting instruction delivered standing-up after deft's courtroom outburst appropriately preserved the proceedings against mistrial.

Prosecutor's recital of plea condition that cooperating witness must tell the truth was not improper vouching, neither was the court's reference to "a cooperating witness of the United States of America."

No plain error in instruction on deft's testimony indicating an interest in the case, as it didn't belabor the fact; lack of limiting instruction against codeft's outburst wasn't plain error given other evidence of guilt.

Identification and withdrawal of claim of sentencing error during proceeding waives the claim in direct review.

No abuse of discretion in not considering mandatory minimums for other counts.

Court appropriately refused to consider elements of competency report as hearsay, as they lacked required indicia of credibility.

Plausible rationale makes 228 month bank robbery sentence not substantively unreasonable.

Deft claim that money could be cleaned from the damage done by anti-theft devices is speculative; FDIC coverage of stolen funds should not be considered in restitution order, as insurance is generally not considered.

No substantive sentencing error in 228 month sentence for bank robbery.

Ineffective Assistance claim insufficiently clear in the record for consideration on direct review.


US v. Padilla-Galarza