United States First Circuit

Defendants-officers' convictions and sentences on charges stemming from the excessive use of force against a citizen who was violently beaten to death while in police custody are affirmed, where: 1) the district court did not err in denying the motion to supplement the record; 2) the district court did not err in denying the motion for a mistrial and instead issued an appropriate curative instruction; 3) the district court did not err in denying defendant Pagan's motion to suppress an in-court identification; 4) the evidence was sufficient to support the convictions; 5) there was no error in the error in the court's consciousness of guilt instruction; 6) defendant Morales failed to show a material variance that affected his substantial rights; and 7) the application of the amended Sentencing Guidelines did not constitute a violation of the Ex Post Facto Clause.

Appellate Information

• Decided 11/22/2013
• Published 11/22/2013

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel