United States First Circuit

Defendants' convictions for violating 18 U.S.C. section 2237(a)(1), which makes it a crime for the master, operator, or person in charge of vessel of the United States, or a vessel subject to the jurisdiction of the United States to knowingly fail to obey an order by an authorize Federal law enforcement officer to heave to that vessel, are affirmed where: 1) district court did not err in denying a motion for acquittal as there was sufficient evidence that the defendants heard and understood the Coast Guard's order to heave-to; 2) defendant's challenge to the district court's ruling that evidence relating to a prior conviction could be admitted to impeach defendant if he testified at trial is rejected; 3) the government did not improperly vouch for its own witnesses during closing argument; 4) the district court did not abuse its discretion in refusing to give a missing evidence instruction; and 5) the district court did not engage in improper questioning during defendant's testimony.

Appellate Information

• Decided 09/08/2010
• Published 09/08/2010

Judges

• LIPEZ

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Héctor L. Ramos-Vega, William C. Brown