Conviction and sentence for the introduction of adulterated devices and non-approved new drugs into interstate commerce with intent to defraud and mislead is affirmed where: 1) issue preclusion did not bar evidence that defrauding of customers occurred; 2) the district court properly denied a motion for acquittal as he relied on new evidence rather than the evidence presented at trial and his attempt to incorporate by reference arguments made in his motion for a new trial is forfeited; 3) defendant's challenge to a witness' testimony is without merit; 4) the court did not err in its instructions to the jury; 5) defendant's sentence was not based on improper factors, and was reasonable; and 6) the court properly denied defendant's motion for a new trial.
Appeal from the United States District Court for the District of Puerto Rico
Decided July 30, 2009
Before: Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.
Per Curium Opinion
For Appellant: Carlos Orrego-Martinez, Pro Se.
For Appellee: Nelson Pérez-Sosa, Assistant U.S. Attorney, Thomas F. Klumper, Assistant U.S. Attorney, and Rosa Emilia Rodríguez-Vélez.