Gonzalez-Rivera v. Immigration & Naturalization Service

In this appeal we consider Daniel James Fowlies challenges to the lawfulness of his extradition, the propriety of certain proceedings before the grand jury, the rejection of his motion to suppress evidence, the exclusion of certain evidence he sought to introduce at trial, the denial of his motion for a continuance, and the sentence imposed by the district court. In light of the governments concession that the district court erred in sentencing Fowlie for both a continuing criminal enterprise and a lesser-included offense, we vacate Fowlies conviction on count 2, conspiracy to possess marijuana with intent to distribute. Because we find that Fowlies other claims lack merit, we affirm his convictions on counts 1, 12-14, and 20.