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ARRIETA-AGRESSOT v. U.S.

Nos. 92-2103, 92-2136, 92-2207 to 92-2211 and 93-1946.

3 F.3d 525 (1993)

Juan ARRIETA-AGRESSOT, Regulo Rios, Jose Antonio Barroso, Adalberto Aguilar-Epieyu, Adalberto Moncaris-Bermodez, and Diego Caldas-Gonzalez, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee. UNITED STATES of America, Appellee, v. Adalberto AGUILAR-EPIEYU, Defendant, Appellant. UNITED STATES of America, Appellee, v. Alberto MONCARIS-BERMODEZ, Defendant, Appellant. UNITED STATES of America, Appellee, v. Jose ANTONIO-BARROSO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Regulo RIOS, Defendant, Appellant. UNITED STATES of America, Appellee, v. Juan ARRIETA-AGRESSOT, Defendant, Appellant. UNITED STATES of America, Appellee, v. Diego CALDAS-GONZALEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 8, 1993.

Attorney(s) appearing for the Case

Rafael F. Castro-Lang, San Juan, PR, by Appointment of the Court, for appellants Adalberto Aguilar-Epieyu and Juan Arrieta-Agressot.

Frank D. Inserni, Hato Rey, PR, by Appointment of the Court, for appellants Jose Antonio Barroso, Regulo Rios and Diego Caldas-Gonzalez.

Joseph C. Laws, Jr., Hato Rey, PR, by Appointment of the Court, for appellant Adalberto Moncaris-Bermodez.

Ramon Garcia, San Juan, PR, by Appointment of the Court, on brief for appellant Regulo Rios.

Jeffrey M. Williams, by Appointment of the Court, Javier A. Morales Ramos and Indiano, Williams & Weinstein-Bacal, San Juan, PR, on brief for appellant Juan Arrieta-Agressot.

Yolanda A. Collazo Rodriguez, Los Angeles, CA, by Appointment of the Court, on brief for appellant Diego Caldas-Gonzalez.

Carlos A. Perez-Irizarry, Assistant United States Attorney, with whom Charles E. Fitz-william, United States Attorney, and Jose A. Quiles Espinosa, Senior Litigation Counsel, Hato Rey, PR, were on brief for the United States.

Before SELYA, CYR and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

The six appellants in this case were convicted in the district court in Puerto Rico of possession of marijuana with intent to distribute while on board a vessel subject to the jurisdiction of the United States. 46 U.S.C.App. § 1903(a). The prosecutor made inflammatory remarks to the jury, and we cannot say that the evidence made conviction inevitable. We therefore vacate the convictions and remand for further proceedings.

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