United States v. Fernandez-Jorge, No. 15-1900 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed in part, reversed in part, and vacated in part the convictions of Angel Gabriel Fernandez-Jorge, Brian Perez-Torres, Jose A. De La Cruz-Vazquez, Edwin Otero-Díaz, Isaias Mendoza-Ortega, Edwin Otero-Marquez, and Rafael Martinez-Trinidad stemming from a shootout that took place in front of a public housing project in Humacao, Puerto Rico.
The Court held (1) sufficient evidence supported Defendants’ convictions for possession of a firearm in a school one; (2) there was insufficient evidence to support Fernandez-Jorge’s conviction for possession of a firearm in a school zone; (3) the district court erred in instructing the jury on aiding and abetting liability, which required Defendant’s convictions for possession of a firearm in a school zone to be vacated; and (4) there was insufficient evidence to support the convictions of Mendoza-Ortega and Otero-Marquez for possession of a firearm as convicted felons.
The court issued a subsequent related opinion or order on August 1, 2018.