First Circuit: US v. Cotto-Flores

 

As Congress retains the power to legislate on police power matters in Puerto Rico, the amendment of the relevant statute to include commonwealths sufficiently indicated the intent of Congress that the law should apply to crimes committed entirely within the non-state commonwealth.

Sufficient evidence for conviction, as the impeachment of the witness didn't make the finder of fact's crediting of other evidence unreasonable.

Instructing the jury on the state predicate offense didn't confuse them about which offense they were weighing.

As live video testimony is only available in certain situations where the witness cannot reasonably communicate because of fear, allowing a witness to testify remotely where the fear was generalized to the situation and not specific to the deft, and the court accepted the witness' statement without adopting it as a reasoned finding, a retrial is an appropriate remedy.

Concur: 

Constitutional status of Puerto Rico is still that of an unincorporated territory, as the law creating the Commonwealth changed governance procedures rather than constitutional status, and was not a compact.

 US v. Cotto-Flores