Conviction for drug and firearms crimes is vacated where: 1) the evidence was sufficient for a rational jury to find beyond a reasonable doubt that one defendant was guilty of knowing possession of a firearm with an obliterated serial number; 2) the evidence was sufficient to support another defendant's convictions for drug crimes and possession of a firearm in furtherance of a drug trafficking crime, but was insufficient to prove the scienter requirement of his conviction for possession of a firearm in furtherance of a drug trafficking crime; and 3) the prosecutor's challenged statements constituted misconduct, and the improper comments so poisoned the well that the trial's outcome was likely affected and a new trial is warranted on the convicted offenses.
Appeal from the United States District Court for the District of Puerto Rico.
Filed July 24, 2009
Before Boudin, Hansen, and Lipez, Circuit Judges.
Opinion by Lipez, Circuit Judge.
For Appellant: Robert Millán and Jorge E. Rivera-Ortíz.
For Appellee: George A. Massucco La Taif.