United States v. Briseno, No. 15-2347 (7th Cir. 2016)
Annotate this CaseBriseno was tried for multiple crimes relating to his association with the East Chicago Imperial Gangsters. After the government’s case‐in‐chief, the judge granted Briseno’s motion for acquittal only as to the counts relating to the attempted murder of Arenivas. During closing argument, the prosecutor referenced alleged facts connecting Briseno to the attempted murder of Arenivas; contended that for Briseno to be not guilty, the government’s witnesses must have conspired to frame him and supply false testimony; and emphasized that eight of its witnesses deserved to be believed. The jury convicted Briseno of: conspiracy to participate in racketeering, conspiracy to possess with intent to distribute at least five kilograms of cocaine and 100 kilograms of marijuana, five separate murders in aid of racketeering, attempted murder in aid of racketeering, and use of a firearm during a crime of violence. The judge sentenced Briseno to multiple consecutive terms of life imprisonment. The Seventh Circuit affirmed, noting that the Arenivas evidence was relevant to other charges. While the government did erroneously shift the burden of proof by suggesting that Briseno could be acquitted only if the jury concluded that government witnesses had testified falsely, that error was made harmless by curative instructions and by significant prosecution evidence. The “improper vouching” statements are better viewed as permissible appeals to the jurors’ common sense.
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