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United States v. Figueroa-Cartagena

612 F.3d 69 (2010)

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United States v. Figueroa-Cartagena

United States Court of Appeals for the First Circuit
612 F.3d 69 (2010)

  • Written by Arlyn Katen, JD

Facts

Félix Gabriel Castro-Davis (Gabriel) and Félix Alberto Castro-Davis (Alberto) carjacked and abducted Héctor Pérez-Torres. Several hours later, Gabriel and Alberto drove the stolen car with Pérez-Torres handcuffed inside to Neliza Figueroa-Cartagena’s (Neliza) (defendant) parents’ house. At the time, Neliza and Gabriel were dating and lived at that house. Neliza called her brother, José, and asked him to come outside to speak with Gabriel; Gabriel then offered José money to guard Pérez-Torres. Gabriel, Alberto, and Neliza left, and Gabriel and Alberto withdrew money using Pérez-Torres’s ATM card. Gabriel, Alberto, and Neliza returned to the house to prevent Pérez-Torres from escaping. Neighbors approached the house to ask about the noise; Neliza told them not to get involved, and she helped Gabriel close a gate to shut neighbors out. Alberto and Gabriel later killed Pérez-Torres. Gabriel and Neliza told José to threaten the neighbors to stay quiet about what they saw. Neliza, Alberto, and Gabriel proceeded to trial. The jury convicted Neliza of aiding and abetting a carjacking that resulted in death. Neliza appealed, claiming that she was not present when Gabriel and Alberto carjacked Pérez-Torres.

Rule of Law

Issue

Holding and Reasoning (Lipez, J.)

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