United States v. Mario Marrero

GRANT, Senior District Judge.

Appellant was convicted in the district court of conspiracy and three substantive counts of distributing narcotics, in violation of 21 U.S.C. §§ 846 and 841(a)(1). On his initial appeal, however, this Court reversed the conviction because of prejudicial testimony elicited in the court below in which appellant was characterized as being a “major narcotics violator.” The cause was remanded to the district court, therefore, for a jury trial not “tainted by such inflammatory evidence” of appellant’s evil character. On retrial, nevertheless, appellant was again…