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United States of America v. William Vazquez-Rivera

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Before

Torruella, Boudin, and Dyk,*fn1 Circuit Judges.

William Vazquez-Rivera (“Vazquez”) was charged with (1) possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B), (2) three counts of transportation of child pornography via computer in interstate and/or foreign commerce in violation of 18 U.S.C. § 2252(a)(1), and (3) two counts related to use of the internet in order to transfer obscene matters to an individual the appellant knowingly believed to be under the age of sixteen in violation of 18 U.S.C. § 1470.*fn2 On February 12, 2010, a jury found Vazquez guilty of all counts against him. Vazquez now appeals his conviction mainly on the grounds that the government’s conduct and use of improper testimony at trial warrant the reversal of his conviction. In addition, Vazquez claims that the district court erroneously refused to admit parts of an investigative form memorializing portions of an interview with his son that he alleges contained exculpatory evidence. Vazquez also argues that the prosecution made improper remarks during its opening statement and closing argument that constituted prejudicial plain error. We agree with Vazquez that the prosecution’s case against him at trial extensively relied on improper testimony. Accordingly, we reverse and vacate Vazquez’s conviction.

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