United States v. Santos-Rivera, No. 10-1687 (1st Cir. 2013)
Annotate this CaseAfter a jury trial, Defendants - Santos-Rivera, Diaz-Correa, and Carrasquillo-Ocasio - were convicted of conspiracy to possess with the intent to distribute drugs and drug possession for their rule in a criminal organization operating a "drug point" in a public housing project in Puerto Rico. Diaz-Correa was also convicted of conspiracy to possess firearms in furtherance of drug trafficking crimes. Diaz-Correa and Carrasquillo-Ocasio challenged their convictions on appeal, and Carrasquillo-Ocasio and Santos-Rivera challenged their sentences. The First Circuit Court of Appeals affirmed the judgments of the district court, holding (1) the evidence was sufficient for a reasonable factfinder to conclude beyond a reasonable doubt that Diaz-Correa and Carrasquillo-Ocasio were involved in the drug trafficking conspiracy and drug distribution activities at the housing project; (2) there was sufficient evidence to conclude that Diaz-Correa had agreed to use firearms to promote the drug-trafficking operation; (3) the case involved an instance of prosecutorial misconduct during closing argument, but the error was harmless; and (4) the district court did not err in the sentences imposed on Carrasquillo-Ocasio and Santos-Rivera.
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