United States First Circuit

Convictions and sentence of defendants for drug related offenses are reversed, vacated and remanded as no reasonably jury could have concluded that the government had met its burden of proof as there is insufficient evidence of defendants' criminal scienter that they were transporting five kilograms or more of cocaine specifically or a controlled substance generally.

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lydia Lizarríbar-Masini, for appellant Rivera-Ríos., María Soledad Ramírez-Becerra, for appellant Pérez-Meléndez.


• For Appellees:
  
• Ernesto López-Soltero, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, 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.