United States First Circuit

Conviction and sentence for the introduction of adulterated devices and non-approved new drugs into interstate commerce with intent to defraud and mislead is affirmed where: 1) issue preclusion did not bar evidence that defrauding of customers occurred; 2) the district court properly denied a motion for acquittal as he relied on new evidence rather than the evidence presented at trial and his attempt to incorporate by reference arguments made in his motion for a new trial is forfeited; 3) defendant's challenge to a witness' testimony is without merit; 4) the court did not err in its instructions to the jury; 5) defendant's sentence was not based on improper factors, and was reasonable; and 6) the court properly denied defendant's motion for a new trial.

Appellate Information

• Decided 07/30/2009
• Published 07/30/2009

Judges

• PER CURIAM., Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carlos Orrego-Martinez on brief pro se.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant U.S. Attorney, Thomas F. Klumper, Assistant U.S. Attorney, and Rosa Emilia Rodríguez-Vélez, on brief for appellee.