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United States v. González-Pérez

Citation: 778 F.3d 3Docket: No. 12-1743

Court: Court of Appeals for the First Circuit; January 22, 2015; Federal Appellate Court

Narrative Opinion Summary

The case involves a former police officer who was convicted of drug and firearm charges following an FBI sting operation targeting corrupt officers. The defendant was acquitted of some charges but found guilty of others after a jury trial. On appeal, the defendant challenged the district court's refusal to provide jury instructions on entrapment, duress, and impeachment by prior conviction. The court upheld the conviction, finding no reversible errors. The court ruled that the defendant failed to present sufficient evidence to warrant entrapment or duress instructions, as there was no indication of government overreach or immediate threats. Additionally, the witnesses' prior convictions were admitted, making further instructions on impeachment unnecessary. The court also determined that its actions during closing arguments were within its discretion and did not prejudice the defendant. Finally, the court found no prosecutorial misconduct in the government's rebuttal, affirming the trial's fairness. The defendant's conviction was affirmed, and the appeal did not demonstrate that any alleged errors affected the trial's outcome.

Legal Issues Addressed

Court's Discretion During Closing Arguments

Application: The court's interruptions during González's closing argument were justified and did not amount to a manifest abuse of discretion, as they addressed misrepresentations of evidence.

Reasoning: González argued that the district court's interruptions and the sustaining of government objections hindered his ability to present an effective case, leading him to seek a new trial.

Duress Defense Conditions

Application: The district court denied González's request for a jury instruction on duress, finding insufficient evidence of an immediate threat or lack of opportunity to escape.

Reasoning: González argued that his involvement in drug transactions was coerced by threats to himself and his family from a powerful individual, Eddie, who implied violent repercussions for reporting to the police.

Entrapment Defense Requirements

Application: The court found that González did not present sufficient evidence of government inducement or lack of predisposition to warrant a jury instruction on entrapment.

Reasoning: To warrant an entrapment instruction, the record must reveal 'some hard evidence' of both inducement and lack of predisposition, surpassing mere self-serving assertions.

Jury Instructions on Impeachment by Prior Conviction

Application: The court's refusal to instruct on impeachment based on witnesses' prior convictions was not deemed an abuse of discretion, as the witnesses admitted to their convictions.

Reasoning: Both government witnesses had admitted their prior convictions, which meant the instruction on impeachment was unnecessary.

Prosecutorial Misconduct in Rebuttal Argument

Application: The court found that the prosecutor's rebuttal comments were not improper and did not affect the fairness of the trial, given the evidence against González and the context of the remarks.

Reasoning: The court found the government's statements were not improper; the prosecutor's remarks were viewed as responses to defense claims and highlighted the strong evidence against González.