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UNITED STATES v. PENA

Nos. 19-1522, 20-1083.

24 F.4th 46 (2022)

UNITED STATES of America, Appellee, v. Juan PENA a/k/a JJ, Defendant, Appellant. United States of America, Appellee, v. Rosnil Oritz a/k/a Rico, Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 21, 2022.

Attorney(s) appearing for the Case

James L. Sultan , with whom Kerry A. Ferguson and Rankin & Sultan, were on brief, for appellant Juan Pena.

Chauncey B. Wood , with whom Danya Fullerton and Wood & Nathanson, LLP were on brief, for appellant Rosnil Ortiz.

Donald C. Lockhart , Assistant United States Attorney, for appellee the United States, with whom Nathanial R. Mendell , Acting United States Attorney, was on brief in No. 20-1083; Alexia R. De Vincentis , Assistant United States Attorney, and Andrew E. Lelling , United States Attorney, were on brief in No. 19-1522.

Before Lynch and Kayatta, Circuit Judges, and Laplante, District Judge.

Juan Pena and Rosnil Ortiz (the "defendants") appeal their convictions for conspiring to distribute 28 grams or more of cocaine base. During a joint criminal jury trial held in 2018, the prosecution played for the jury two video recordings showing Pena and Ortiz discussing and,...

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