United States First Circuit

Conviction for drug and firearms crimes is vacated where: 1) the evidence was sufficient for a rational jury to find beyond a reasonable doubt that one defendant was guilty of knowing possession of a firearm with an obliterated serial number; 2) the evidence was sufficient to support another defendant's convictions for drug crimes and possession of a firearm in furtherance of a drug trafficking crime, but was insufficient to prove the scienter requirement of his conviction for possession of a firearm in furtherance of a drug trafficking crime; and 3) the prosecutor's challenged statements constituted misconduct, and the improper comments so poisoned the well that the trial's outcome was likely affected and a new trial is warranted on the convicted offenses.

Appellate Information

• Decided 07/24/2009
• Published 07/24/2009

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, HANSEN, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert Millán, for appellant Ayala-García., Jorge E. Rivera-Ortíz, for appellant Alicea-Cotto.


• For Appellees:
  
• George A. Massucco La Taif, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Luke Cass, Assistant United States Attorney, were on brief, for appellee.