[Copyrighted Material Omitted]
APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. Daniel R. Domínguez, U.S. District Judge.
David A.F. Lewis for appellant
Leslie W. O'Brien for appellant Julio Severino-Batista.
Joshua L. Gordon for appellant Eddie Alejandro-Montañez.
Carlos R. Cardona, Assistant United States Attorney, with whom Francisco A. Besosa-Martínez, Assistant United States Attorney, Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.
Before Lynch, Chief Judge, Torruella and Kayatta, Circuit Judges.
KAYATTA, Circuit Judge.
Criminal defendants Josué Alejandro-Montañez, Julio Severino-Batista, and Eddie Alejandro-Montañez (" Defendants" ) appeal from convictions and sentences related to a criminal conspiracy to import cocaine. Defendants argue that the district court: (1) erred in denying their motions for judgment of acquittal; (2) erred in determining cocaine quantity at sentencing; (3) abused its discretion in fashioning their sentences; (4) violated their Sixth Amendment right to a public trial; and (5) erred in applying a two-level sentencing enhancement for the foreseeable presence of a firearm. We reject each of Defendants' arguments. Nevertheless, in light of newly promulgated Amendment 782 to the United States Sentencing Guidelines, we accept the parties' joint request that we remand for reconsideration of the sentences.
Along with four other co-conspirators, Defendants were indicted and convicted for a conspiracy that spanned from June 2008 to March 2009. In considering a ...