US v. Perez-Melendez

Filing 920100315

Opinion

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var WPFootnote1 = 'Crespo was not asked during trial whether the confidential\
source provided Rivera-Ríos\'s name.\
'

var WPFootnote2 = 'Pérez-Meléndez\'s appellate brief inaccurately states that the\
indictment referred to the date on which the charged offense\
occurred as being "on or about October 17, 2007," when it was\
actually "[o]n or about October 11, 2007."\
'

var WPFootnote3 = '21 U.S.C. § 841(a)(1) provides that, "[e]xcept as authorized by\
this title, it shall be unlawful for any person knowingly or\
intentionally to manufacture, distribute, or dispense, or possess\
with intent to manufacture, distribute, or dispense, a controlled\
substance . . . ."\
'

var WPFootnote4 = '21 U.S.C. § 841(b)(1)(A) provides penalties for violations of\
§ 841(a).\
'

var WPFootnote5 = '18 U.S.C. § 2 provides:\
\
              (a) Whoever commits an offense against the United States\
or aids, abets, counsels, commands, induces, or procures\
its commission, is punishable as a principal.\
\
              (b) Whoever willfully causes an act to be done which if\
directly performed by him or another would be an offense\
against the United States, is punishable as a principal."\
'

var WPFootnote6 = 'Pérez-Meléndez\'s appellate brief inaccurately states the year of\
the trial as "2007."\
'

var WPFootnote7 = 'Rule 29 of the Federal Rules of Criminal Procedure provides, in\
relevant part:\
\
              (a) Before Submission to the Jury.\
\
              After the government closes its evidence or after the\
close of all the evidence, the court on the defendant\'s\
motion must enter a judgment of acquittal of any offense\
for which the evidence is insufficient to sustain a\
conviction. The court may on its own consider whether\
the evidence is insufficient to sustain a conviction. If\
the court denies a motion for a judgment of acquittal at\
the close of the government\'s evidence, the defendant may\
offer evidence without having reserved the right to do\
so.\
\
              (b) Reserving Decision.\
\
              The court may reserve decision on the motion, proceed\
with the trial (where the motion is made before the close\
of all the evidence), submit the case to the jury, and\
decide the motion either before the jury returns a\
verdict or after it returns a verdict of guilty or is\
discharged without having returned a verdict. If the\
court reserves decision, it must decide the motion on the\
basis of the evidence at the time the ruling was\
reserved.\
\
Fed. R. Crim. P. 29(a), (b).\
'

var WPFootnote8 = 'The government misstates the amount of times for which evidence\
was presented that appellants had made similar deliveries before\
October 11, 2007. It was three. See supra, Part I(A)(1).\
'

var WPFootnote9 = 'Judge Torruella wishes to note that he disagrees with the other\
members of the panel on the issue of whether the jury could have\
found, beyond a reasonable doubt, that appellants knew about or\
were willfully blind to any illegality. In Judge Torruella\'s\
opinion, the evidence does not establish, beyond a reasonable\
doubt, that appellants knew about or were willfully blind to such\
criminal activity.\
'

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