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United States of America v. Blake Fields, A/K/A Streetz

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Before Boudin, Circuit Judge, Souter, *fn1 Associate Justice, and Howard, Circuit Judge.

Blake Fields was indicted for distribution of cocaine base, 21 U.S.C. § 841(a)(1)(2006), totaling five or more grams, id. § 841(b)(1)(B)(iii), within 1000 feet of a school, id. § 860. He was convicted by a jury in September 2008 and in January 2009, sentenced to 216 months in prison as a career offender. He now appeals and his arguments depend on understanding the events as portrayed by the testimony at trial.

On October 4, 2007, members of the Special Investigations Unit of the Boston Police Department directed a cooperating witness (“CW”) to place a call to a cell phone number that the officers believed to be used by defendant Blake Fields. Several calls were then exchanged. In the course of the conversations, the CW arranged to buy on the same day roughly $300 worth of cocaine base.

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