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U.S. v. SANTIAGO-PÉREZ

No. 10-1776.

666 F.3d 57 (2012)

UNITED STATES of America, Appellee, v. Luis Enrique SANTIAGO-PÉREZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 19, 2012.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, with whom Nixon, Raiche, Vogelman, Barry, Slawsky & Simoneau, P.A. was on brief, for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, was on brief, for appellee.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Defendant-appellant Luis Santiago-Pérez ("Santiago") was convicted of attempting to possess with an intent to distribute 500 grams or more of a controlled substance, but acquitted of conspiracy to possess with an intent to distribute the same substance. See 18 U.S.C. § 2; 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(ii)(II), 846. Resting on Federal Rule of Evidence 403, the appellant argues that the district court erroneously...

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