APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Hon. George A. O'Toole, Jr., U.S. District Judge.
John M. Thompson, with whom Robert F. Hennessy and Thompson & Thompson, PC were on brief, for appellant.
Kelly Begg Lawrence, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief, for appellee.
Before Barron, Circuit Judge, Souter,[*] Associate Justice, and Lipez, Circuit Judge.
BARRON, Circuit Judge.
Nicholas Occhiuto brings two challenges to his convictions for conspiracy to distribute heroin and distribution of heroin in violation of 21 U.S.C. § § 846 and 841. He contends that the government relied on testimony that violated the Confrontation Clause and that the District Court denied him constitutional due process in preventing him from calling a witness critical to his defense. Occhiuto also challenges his sentence on the grounds that the District Court clearly erred in its factual determinations under the Sentencing Guidelines and imposed a term of imprisonment that was substantively unreasonable. We find no merit to any of these challenges and therefore affirm.
We begin with the Confrontation Clause challenge. See U.S. Const. amend. VI ( " In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him . . . ." ). Occhiuto's challenge takes aim at the testimony FBI Special Agent Jeffrey Wood provided at his trial.
Wood oversaw an investigation into Occhiuto in the fall of 2009. The investigation into Occhiuto was undertaken as part of a broader investigation by federal, state, and local law enforcement into drug trafficking in Lynn, Massachusetts, and neighboring areas.
Wood testified at trial about how the investigating officers arranged for a cooperating informant, whom we will call " A.J." , to ...