Leon-Reyes
United States v. Leon-Reyes
Opinion
Lead Opinion
Trott, J.
Francisco J. Leon-Reyes (“Leon-Reyes”) appeals his conviction for seven counts of perjury in violation of 18 U.S.C. § 1623 . His first claim is that the district court erred in admitting into evidence, under Rule 1006 of the Federal Rules of Evidence, summaries of testimony from a previous trial in which he allegedly testified falsely. The court restricted the jury’s consideration of these summaries to the issue of whether Leon-Reyes’s allegedly false testimony was material. Leon-Reyes also claims that the prosecutor’s closing argument vouched for the prosecution’s own integrity and was inflammatory and prejudicial in content.
The United States cross appeals claiming that the district court abused its discretion by calculating Leon-Reyes’s sentence with respect to the money laundering activities only and not with respect to the drug trafficking charges. 2 This court has jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm the district court in all respects.
BACKGROUND
Leon-Reyes was indicted on seven counts of perjury. This indictment stemmed from Leon-Reyes’s testimony in United States v. Heriberto Garcia, CR 94-119-TUC-RMB (the “Garcia trial”),…