United States v. Placencio
U.S. Court of Appeals for the First Circuit
United States v. Placencio
Opinion
USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-1716
UNITED STATES,
Appellee,
v.
JOSE I. ARIAS PLACENCIO,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge]
____________________
Before
Selya, Boudin and Stahl,
Circuit Judges.
____________________
Francisco Serrano-Walker on brief for appellant.
Guillermo Gil, United States Attorney, Jose A. Quiles and Jacabed
Rodriguez-Coss, Assistant United States Attorneys, on brief for
appellee.
____________________
June 6, 1997
____________________
Per Curiam. Upon careful review of the briefs and
record, we conclude that defendant's contentions of error do
not merit a new trial.
The district court's acted within its discretion in
refusing the jury's request to hear again the testimony of the
two main witnesses. See United States v. Akitoye, 923 F.2d
221, 226 (1st Cir. 1991).
The district court also acted within its discretion in
refusing defendant's late request for an additional instruction
on ignorance of the law, particularly as the instructions
regarding the elements of the offenses, "knowingly," and
"willfully" adequately addressed the issue of defendant's
knowledge of the currency reporting requirement. See United
States v. Vazquez, 53 F.3d 1216, 1221-22 (11th Cir. 1995).
And, on de novo review, we cannot say that the
prosecutor's inappropriate remark during rebuttal argument so
affected the verdict as to warrant a new trial, considering the
brevity of the remark, the district court's response, and the
context of the proceedings as a whole. See United States v.
Procopio, 88 F.3d 21, 32 (1st Cir. 1996).
Affirmed. See 1st Cir. Loc. R. 27.1.
-2-
Reference
- Status
- Published