United States v. Levy-Cordero ( 1995 )

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-1679
UNITED STATES,
Appellee,
v.
VICTOR LEVY-CORDERO,
Defendant - Appellant.
No. 93-2015
UNITED STATES,
Appellee,
v.
WILLIAM ROMERO-LEWIS,
A/K/A CACO, EL TENIENTE,
Defendant - Appellant.
No. 93-2087
UNITED STATES,
Appellee,
v.
JOSE SAMUEL FORTY-ESTREMERA,
A/K/A SAMMY,
Defendant - Appellant.
Before
Torruella, Chief Judqe,
Coffin, Senior Circuit Judge,
and Cyr, Circuit Judge.
ORDER OF COURT
Entered November 7, 1995
The United States of America has filed a "Motion for
Modification and Correction of Opinion" seeking two changes in the
Court's opinion. The following is the disposition of said
requests:
1. Footnote 1 is amended to read "twelve years" in
substitution of "twelve months."
2. The last full paragraph of page 13 of the opinion of the
Court is amended to read:
For the foregoing reasons, we conclude that the
improper remarks were not so prejudicial as to
require reversal. Notwithstanding our decision in
this regard, we repeat our concern that, "after
numerous warnings from this court, the prosecuting
attorneys in the District of Puerto Rico persist
in spiking their arguments with comments that put
their cases at risk." United States v. Ortiz-
Arrigoitia, 996 F.2d 436, 441 (lst Cir. 1993)
(collecting cases). See, e.g., Udechukwu, 11 F.3d
1101; Arrieta-Aqressot, 3 F.3d 525. When, as in
this case, a visiting Justice Department
prosecutor conducts the trial, we nevertheless
expect the resident United States Attorney to
insure that the expectations of the court
concerning closing argument be made known.
It is so Ordered.
By the Court:
FRANCIS P. SCIGLIANO,
Clerk.
By Janice M. O'Neil
Chief Deputy Clerk.
[cc: Messrs: Weiner, Geigel, Inserni and Ms.
Mitchelll