U.S. v. PANIAGUA-RAMOS

No. 97-1385.

135 F.3d 193 (1998)

UNITED STATES, Appellant, v. Daniel PANIAGUA-RAMOS, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided February 3, 1998.


Attorney(s) appearing for the Case

José A. Quiles-Espinosa, Senior Litigation Counsel, San Juan, PR, with whom Guillermo Gil, United States Attorney, Washington, DC, Edwin O. Vázquez, Assistant United States Attorney, Deputy Chief, Criminal Division, Hato Rey, PR, Desireé Laborde-Sanfiorenzo and Nelson Pérez-Sosa, Assistant United States Attorneys, San Juan, PR, were on brief, for appellant.

José R. Aguayo, Hato Rey, PR, with whom Joaquín Monserrate-Matienzo and Joaquín Monserrate-Peñagarícano were on brief for appellee.

Before TORRUELLA, Chief Judge, CYR, Circuit Judge, and DiCLERICO, Jr., District Judge.


DiCLERICO, District Judge.

After a conviction by a federal jury for conspiracy to possess with intent to distribute a controlled substance and an acquittal on a charge of aiding and abetting possession of a controlled substance, the defendant-appellee, Daniel Paniagua-Ramos, was granted a new trial by the trial judge on the ground that the district court's jury charge was prejudicial. On appeal, the government asserts that the district court abused its discretion...

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