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U.S. v. FLORES-DE-JESÚS

Nos. 06-2670, 06-2671, 06-2672.

569 F.3d 8 (2009)

UNITED STATES of America, Appellee, v. Saúl FLORES-DE-JESÚS, Daniel Feliciano-Rodríguez, and Rafael Sabino-Morales, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Edward J. O'Brien, for appellant Flores-de-Jesús.

Luis R. Rivera González, for appellant Feliciano-Rodríguez.

Irma R. Valldejuli, for appellant Sabino-Morales.

Vernon B. Miles, Assistant United States Attorney, with whom Rosa E. Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and German A. Rieckehoff, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

LIPEZ, Circuit Judge.

This case requires us to assess the propriety of the government's use of a law enforcement officer as the first witness in a multi-defendant drug prosecution to provide an "overview" of the prosecution's case. While we have condemned aspects of this practice before, most notably in United States v. Casas, 356 F.3d 104, 117 (1st Cir.2004), we must regrettably revisit the overview witness issue in some detail...

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