United States v. Andino-Morales, No. 19-2253 (1st Cir. 2023)
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The First Circuit affirmed the convictions of the three appellants in this case - Jose R. Andino-Morales (Andino), Jose J. Folch-Colon (Folch), and Anibal Miranda-Montanez (Miranda), holding that the evidence was sufficient to support Appellants'' convictions and that the challenges brought by individual appellants were unavailing.
Appellants were convicted were convicted of conspiring to participate in La Asociacion NETA, an organization whose members allegedly trafficked contraband and carried out murders-for-hire throughout Puerto Rican prisons, through a pattern of racketeering activity (RICO), in violation of 18 U.S.C. 1962(d). In addition, Folch and Miranda were convicted of conspiracy to possess with intent to distribute controlled substances and of committing a violent crime in aid of racketeering. The First Circuit affirmed across the board, holding (1) there was sufficient evidence to support the convictions; (2) there was no error in the district court's jury instructions; (3) Folch was not entitled to relief on his argument that his RICO conspiracy conviction must be vacated due to an allegedly improper statement by the prosecutor during closing argument; (4) Andino's sentence was not procedurally unreasonable.
The court issued a subsequent related opinion or order on July 20, 2023.
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