United States First Circuit

Conviction for conspiracy to distribute narcotics is vacated and remanded where the district court's handling of an errant juror's misconduct constituted an abuse of discretion, as it failed to question all jury members regarding their ability to remain impartial in light of the misconduct and thus compromised the defendants' right to have a trial by an unbiased jury. Defendant Santiago's conviction is affirmed where there is sufficient evidence for a jury to infer his guilt beyond a reasonable doubt, and defendants Santiago and Bristol's rights under the Speedy Trial Act were not violated where the court provided compelling reasons for why it had to interrupt and delay the trial.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, HOWARD, Circuit Judges, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lorenzo J. Palomares, for appellant Bristol-Mártir., Lydia Lizarribar-Masini, for appellant Oliveras-González., Jorge Luis Armenteros-Chervoni, for appellant Santiago-Albino., Víctor González-Bothwell, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, and Patricia A. Garrity, Assistant Federal Public Defender, were on brief for appellant Marrero-Cruz.


• For Appellees:
  
• Germán A. Rieckehoff, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief for appellee.