United States v. Ismael Rivera, A/K/A "Pequilino"

FRIENDLY, Circuit Judge:

A three count indictment in the District Court for the Southern District of New York charged Ismael Rivera with the first degree murder of Special Agent Frank Tumillo of the Bureau of Narcotics and Dangerous Drugs (BNDD), 1 with wounding another BNDD agent, Thomas Devine,' while effecting or attempting to effect a robbery of money and property of the United States, citing 18 U.S.C. § 2114, and of assaulting Devine with a deadly weapon, citing 18 U.S.C. §§ 111 and 1114. Rivera’s alleged role in the perpetration of all these offenses was that of an aider and abettor, 18…