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,

(lst Cir. 1993)

(collecting cases). See, e.g., Udechukwu,

; Arrieta-Aqressot,

. 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