United States v. Rosario-Perez, No. 14-1692 (1st Cir. 2020)
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In these cases against four defendants - Manuel De Jesus Rosario-Perez (Rosario), Jorge Gomez-Gonzalez (Gomez), Bryant Setiawan-Ramos (Setiawan), and Santiago Hernandez-Rosa (Hernandez) - the First Circuit affirmed the various drug and weapons charges as to Rosario, Gomez, and Hernandez but vacated Setiawan's convictions and remanded his case for a new trial, holding that Setiawan's convictions must be set aside on a cumulative error theory.
Each defendant was indicted for conspiracy to distribute drugs within 1,000 feet of a school and possession with intent to distribute heroin, cocaine, and marijuana. The indictment also charged everyone but Rosario with carrying and using firearms in relation to drug trafficking. Each defendant was convicted of one or more counts. The First Circuit affirmed, holding (1) most of Defendants' claims were without merit; but (2) the district court's decision to admit evidence that Setiawan killed "Teton," a drug seller, while excluding evidence that a witness named "Cascote" killed Teton was improper, and the cumulative effect of the decision warranted a new trial.
This opinion or order relates to an opinion or order originally issued on September 16, 2015.
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