United States v. Lopez-Cotto, No. 14-1142 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s convictions for federal program bribery, lying to a federal agent, and obstructing justice. The court held that, contrary to Defendant’s arguments on appeal, (1) the district court’s jury instructions did not effect a constructive amendment of the indictment on the bribery count; (2) the erroneous inclusion of a unanimity instruction in the jury charge on the particular benefits included within the “stream of benefits” alleged by the government on the bribery count did not prejudice Defendant; and (3) the court did not err in admitting evidence of prior bad acts and adequately instructed the jury about the testimony of immunized cooperating witnesses.