United States v. Romero Lewis

U.S. Court of Appeals for the First Circuit

United States v. Romero Lewis

Opinion

USCA1 Opinion









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
























































Reference

Status
Published