United States v. Joaquin Jimenez-Perez, United States of Am. v. Jose Cabeza-Solano, United States of Am. v. Melecio Perlaza, United States of Am. v. Cristobal Gonzalez-Parra, 869 F.2d 9 (1st Cir. 1989). · Go Syfert
United States v. Joaquin Jimenez-Perez, United States of Am. v. Jose Cabeza-Solano, United States of Am. v. Melecio Perlaza, United States of Am. v. Cristobal Gonzalez-Parra, 869 F.2d 9 (1st Cir. 1989). Cases Citing This Book View Copy Cite
“f the jury disbelieved defendants' story, it could legitimately have presumed that the fabrication was all the more proof of their guilt.”
74 citation events (29 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Rhone (ca8, 2011-08-02)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Rhone
8th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence high
f the jury disbelieved defendants' story, it could legitimately have presumed that the fabrication was all the more proof of their guilt.
discussed Cited as authority (verbatim quote) United States v. Reeder
1st Cir. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
could legitimately have presumed that the fabrication w all the more proof of guilt.
discussed Cited as authority (rule) Raya v. Barka
S.D. Cal. · 2022 · confidence medium
Defendants further dispute Plaintiff’s contention that he engaged in due 6 diligence.1 7 Rule 54(b) of the Federal Rules of Civil Procedure “explicitly grant courts the 8 authority to modify their interlocutory orders.” Balla v. Idaho State Bd. Of Corr., 869 F.2d 9 461, 465 (9th Cir. 1989).
discussed Cited as authority (rule) United States v. Stewart-Carrasquillo
1st Cir. · 2021 · confidence medium
In a case alleging "the defendants' knowing participation in the transportation of a controlled substance . . . the evidence is sufficient to convict if it adequately supports 'the requisite "two-step inference"': (1) that the vessel was engaged in obviously - 14 - illegal activity and (2) that each defendant was ready to assist in the criminal enterprise." United States v. Guerrero, 114 F.3d 332, 342 (1st Cir. 1997) (quoting United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir. 1989)).
discussed Cited as authority (rule) Curtis Russell Oldman v. State
Wyo. · 2015 · confidence medium
United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989). [T11] We conclude that there was sufficient evidence for a jury to find an agreement between Mr. Oldman and his brother A.S. and on that basis to convict Mr. Oldman of conspiracy to commit robbery.
discussed Cited as authority (rule) United States v. Rodríguez-Durán (2×)
1st Cir. · 2007 · confidence medium
To be sure, this was a case in which the government’s evidence of complicity by these five defendants was wholly circumstantial and the jury reasonably could have concluded that they were initially unwitting, and later unwilling, participants in the venture. 16 On this record, however, “the jury could certainly have chosen to believe that the converging circumstances pointed toward a more sinister truth and been persuaded thereby of appellants’ guilt.” Jiménez-Pérez, 869 F.2d at 11.
discussed Cited as authority (rule) United States v. Rodriguez-Duran (2×)
1st Cir. · 2007 · confidence medium
To be sure, this was a case in which the government's evidence of complicity by these five defendants was wholly circumstantial and the jury reasonably could have concluded that they were initially unwitting, and later unwilling, participants in the venture. [16] On this record, however, *761 "the jury could certainly have chosen to believe that the converging circumstances pointed toward a more sinister truth and been persuaded thereby of appellants' guilt." Jiménez-Pérez, 869 F.2d at 11.
discussed Cited as authority (rule) United States v. Llinas (2×)
1st Cir. · 2004 · confidence medium
See United States v. Hadfield, 918 F.2d 987, 999 (1st Cir.1990) (finding that an inference of guilt could have been further supported by defendant's "tall tale"); see also Ruiz, 105 F.3d 1492, 1500 ("Lies such as these legitimately support a finding of guilt."); United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989) ("[I]f the jury disbelieved defendants' story, it could legitimately have presumed that the fabrication was all the more proof of their guilt." (citation omitted)). 40 In sum, having thoroughly examined the record, we conclude that the jury had sufficient evidence from which…
discussed Cited as authority (rule) United States v. Hussein (2×) also: Cited "see"
1st Cir. · 2003 · confidence medium
United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989).
discussed Cited as authority (rule) UNITED STATES v. RADMEN DOWNS-MOSES, RAMÓN SÁNCHEZ-HERNÁNDEZ, RAÚL SALAZAR-URIANA, GERÓNIMO AMPARO-HERNÁNDEZ, LARRY WARD-BRYAN, AND JERRY WARD-O'NEILL
1st Cir. · 2003 · confidence medium
And that conclusion, once reached, would be self-reinforcing; if the jury disbelieved defendants' story, it could legitimately have presumed that the fabrication was all the more proof of their guilt. 25 United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989).
discussed Cited as authority (rule) United States v. Luciano
1st Cir. · 2003 · confidence medium
Since Luciano faded to make his insufficiency argument below, he “must ... demonstrate ‘clear and gross’ injustice, or ‘manifest injustice’ before the conviction is overturned on that ground.” United States v. Kilcullen, 546 F.2d 435, 441 (1st Cir.1976) (quoting Malatkofski v. United States, 179 F.2d 905, 910 (1st Cir.1950), and United States v. Principe, 482 F.2d 60 , 61 n. 1 (1st Cir.1973)); see United States v. Serafino, 281 F.3d 327, 333 (1st Cir.2002) (indicating that appellant must demonstrate “clear and gross injustice” to succeed on unpreserved insufficiency claim); Van…
discussed Cited as authority (rule) United States v. Rivas (2×) also: Cited "see"
1st Cir. · 1997 · confidence medium
United States v. Jimenez- _____________ ________ Perez, 869 F.2d 9, 11 (1st Cir. 1989) (quoting Steuben, 850 _____ _______ F.2d at 867).
discussed Cited as authority (rule) United States v. Amado-Guerrero (2×) also: Cited "see"
1st Cir. · 1997 · confidence medium
United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989) (quoting Steuben, 850 F.2d at 867 ).
discussed Cited as authority (rule) United States v. Ruiz
1st Cir. · 1997 · confidence medium
See United States v. Hadfield, 918 F.2d 987 , 999 ___ _____________ ________ (1st Cir. 1990) (finding inference of guilt could have been bolstered by defendant's "tall tale"); United States v. ______________ Jimenez-Perez, 869 F.2d 9, 11 (1st Cir. 1989) (explaining _____________ that the jury's disbelief of defendants' story allows legitimate inference "that the fabrication was all the more proof of their guilt").
discussed Cited as authority (rule) United States v. Ruiz
1st Cir. · 1997 · confidence medium
See United States v. Hadfield, 918 F.2d 987, 999 (1st Cir.1990) (finding inference of guilt could have been bolstered by defendant’s “tall tale”); United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989) (explaining that the jury’s disbelief of defendants’ story allows legitimate inference “that the fabrication was all the more proof of their guilt”).
cited Cited as authority (rule) United States v. William J. Donovan
1st Cir. · 1993 · confidence medium
See United States v. Mena, 933 F.2d 19, 21-22 (1st Cir.1991); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989).
cited Cited as authority (rule) United States v. Albert Weston, United States of America v. Paul R. Taylor
1st Cir. · 1992 · confidence medium
See United States v. Mena, 933 F.2d 19, 21-22 (1st Cir.1991); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989).
cited Cited as authority (rule) United States v. Mark Karas
1st Cir. · 1992 · confidence medium
United States v. Richard, 943 F.2d 115, 118 (1st Cir.1991); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989); United States v. Mejia-Lozano, 829 F.2d 268, 270 (1st Cir.1987).
discussed Cited as authority (rule) United States v. Donovan (2×) also: Cited "see"
1st Cir. · 1992 · confidence medium
See United States v. Mena, ___ _____________ ____ 933 F.2d 19, 21-22 (1st Cir. 1991); United States v. Jimenez- ______________ ________ Perez, 869 F.2d 9, 10 (1st Cir. 1989). _____ At the time of the transactions in question, Donovan was the president and chief executive officer of Atlantic Trust Company, a federally insured bank based in Newington, New Hampshire.
cited Cited as authority (rule) United States v. David Lloyd Nickens
1st Cir. · 1992 · confidence medium
United States v. Ortiz-Alarcon, 917 F.2d 651, 652 (1st Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 2035 , 114 L.Ed.2d 120 (1991); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989).
cited Cited as authority (rule) United States v. Ramon Alfredo Abreu, A/K/A Carlos Juan
1st Cir. · 1992 · confidence medium
United States v. Ortiz-Alarcon, 917 F.2d 651, 653 (1st Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 2035 , 114 L.Ed.2d 120 (1991); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989).
examined Cited as authority (rule) United States v. Michael Maraj, United States of America v. Sterling Fuentes (3×) also: Cited "see"
1st Cir. · 1991 · confidence medium
See, e.g., Victoria-Peguero, 920 F.2d at 86 ; Jimenez-Perez, 869 F.2d at 10-11.
cited Cited as authority (rule) United States v. Christian Lopez
1st Cir. · 1991 · confidence medium
See, e.g., Batista-Polanco, 927 F.2d at 18 ; United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989).
cited Cited as authority (rule) United States v. Roberto Piedrahita-Santiago, United States of America v. Anibal Pelaez-Escobar
1st Cir. · 1991 · confidence medium
See Potes, 880 F.2d at 1477 ; Jiménez-Pérez, 869 F.2d at 10; United States v. Meadows, 839 F.2d 1489, 1490 (11th Cir.1989); United States v. Souder, 782 F.2d 1534, 1536 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Pedro R. Victoria-Peguero, United States of America v. Fernando W. Anglada Alvarez
1st Cir. · 1991 · confidence medium
E.g., United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989); United States v. Ingraham, 832 F.2d 229, 239 (1st Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1738 , 100 L.Ed.2d 202 (1988).
discussed Cited as authority (rule) United States v. Royal W. Hadfield, Jr., United States of America v. Helen Hadfield (2×) also: Cited "see, e.g."
1st Cir. · 1990 · confidence medium
United States v. Clotida, 892 F.2d 1098, 1102-03 (1st Cir.1989); United States v. Paz Uribe, 891 F.2d 396, 399 (1st Cir.1989), ce rt. denied, — U.S. --, 110 S.Ct. 2216 , 109 L.Ed.2d 542 (1990); United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989).
discussed Cited as authority (rule) United States v. Fausto D. Ruiz (2×) also: Cited "see, e.g."
1st Cir. · 1990 · confidence medium
In this context, a reviewing court is obliged to assess “the evidence in its totality, taken in the light most flattering to the government, together with all legitimate inferences to be drawn therefrom, in an effort to ascertain whether a rational trier of the facts could have found the appellant guilty beyond any reasonable doubt.” United States v. Tierney, 760 F.2d 382, 384 (1st Cir.), cert. denied, 474 U.S. 843 , 106 S.Ct. 131 , 88 L.Ed.2d 108 (1985); see also United States v. Boylan, 898 F.2d 230 , 238 *503 (1st Cir.1990); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989).
discussed Cited as authority (rule) United States v. Robert Costa, United States of America v. John T. Durand
1st Cir. · 1989 · confidence medium
In reviewing such a claim, our task is to “view the evidence and reasonable inferences from it in the light most favorable to the government and determine whether the government produced sufficient evidence for a finding of guilt beyond a reasonable doubt.” United States v. Pelletier, 845 F.2d 1126, 1131 (1st Cir.1988); see also Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457, 469 , 86 L.Ed. 680 (1942); United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989); United States v. Cintolo, 818 F.2d 980, 983 (1st Cir.), cert. denied, 484 U.S. 913 , 108 S.Ct. 259 , 98 L.Ed.2d 216 (…
discussed Cited as authority (rule) United States v. Hector M. Rodriguez-Estrada
1st Cir. · 1989 · confidence medium
Failing a timely end-of-case motion, we treat the point as defaulted and will only disturb an ensuing conviction to prevent “clear and gross injustice.” United States v. Jimenez Perez, 869 F.2d 9, 11 (1st Cir.1989); Cheung, 836 F.2d at 730 n. 1; Greenleaf 692 F.2d at 185 .
discussed Cited "see" United States v. Buoi
1st Cir. · 2023 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir. 1989) (noting that the Government need not "'preclude every reasonable hypothesis inconsistent with guilt' in order to sustain a conviction" (quoting United States v. Guerrero-Guerrero, 776 F.2d 1071, 1075 (1st Cir. 1985))).
discussed Cited "see" United States v. DiDonna
1st Cir. · 2017 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 12 (1st Cir. 1989) (deeming it “apodictic that a trier of fact is not bound to accept' the self-serving stories of persons accused”).
discussed Cited "see" Leftwich v. Maloney
1st Cir. · 2008 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989); cf. Wright v. West, 505 U.S. 277, 315 , 112 S.Ct. 2482 , 120 L.Ed.2d 225 (1992) (O’Connor, J., concurring) (“It is utterly reasonable to conclude that a possessor of recently stolen goods who lies about where he got them is the thief who took them.”).
cited Cited "see" United States v. Jahagirdar
1st Cir. · 2006 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989).
discussed Cited "see" United States v. Marks
1st Cir. · 2004 · signal: see · confidence high
See generally United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989) (concluding, in jury-trial context, that factfinder was entitled to conclude that defendants’ fabricated stories were “all the more proof of their guilt”).
discussed Cited "see" United States v. Sanchez
1st Cir. · 2004 · signal: see · confidence high
See Cuppett v. Duckworth, 8 F.3d 1132, 1139 (7th Cir.1993) (explaining that “self-serving statements by a defendant that his conviction was constitutionally infirm are insufficient to overcome the presumption of regularity accorded state convictions”); see generally United States v. Jimenez- *83 Perez, 869 F.2d 9, 12 (1st Cir.1989) (“It is ... apodictic that a trier of fact is not bound to accept the self-serving stories of persons accused.”); United States v. Cintolo, 818 F.2d 980, 989 (1st Cir.1987) (similar).
discussed Cited "see" United States v. Stein (2×)
1st Cir. · 2000 · signal: see · confidence high
See United, States v. Jimenez-Perez, 869 F.2d 9 , il (1st Cir. 1989) (the jury could legitimately have presumed that the fabrication was all the more proof of [defendants] guilt).
cited Cited "see" United States v. Christopher
1st Cir. · 1998 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989) (“[The jury] could legitimately have presumed that the fabrications] w[ere] all the more proof of [defendant’s] guilt.”). 2 3.
cited Cited "see" United States v. Maria Enriqueta Cirila Trinidad De Jongh
1st Cir. · 1991 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989); United States v. Mejia-Lozano, 829 F.2d 268, 270 (1st Cir.1987).
cited Cited "see" United States v. Pedro Ortiz-Alarcon
1st Cir. · 1990 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989); United States v. Mejia-Lozano, 829 F.2d 268, 270 (1st Cir.1987).
cited Cited "see" United States v. Billy Ray McDowell Jr.
1st Cir. · 1990 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 10 (1st Cir.1989); United States v. Cintolo, 818 F.2d 980, 983 (1st Cir.), cert. denied, 484 U.S. 913 , 108 S.Ct. 259 , 98 L.Ed.2d 216 (1987).
cited Cited "see" United States v. Erwin Pascacio Clotida, United States of America v. Olivia Gertrude Chatten
1st Cir. · 1989 · signal: see · confidence high
See United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989); United States v. Cheung, 836 F.2d 729 , 730 n. 1 (1st Cir.1988) (per curiam).
discussed Cited "see, e.g." United States v. Johnny Rafael Batista-Polanco
1st Cir. · 1991 · signal: see, e.g. · confidence medium
See, e.g., United States v. Jimenez-Perez, 869 F.2d 9, 11 (1st Cir.1989); United States v. Quejada-Zurique, 708 F.2d 857, 861 (1st Cir.), cert. denied, 464 U.S. 855 , 104 S.Ct. 173 , 78 L.Ed.2d 156 (1983).
cited Cited "see, e.g." Wilma Cumpiano A/K/A Wilma Cumpiano Sanchez v. Banco Santander Puerto Rico
1st Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., United States v. Jimenez-Perez, 869 F.2d 9, 12 (1st Cir.1989).
cited Cited "see, e.g." United States v. Adelard Vachon
1st Cir. · 1989 · signal: compare · confidence low
Compare, e.g., United States v. Jimenez-Perez, 869 F.2d 9 (1st Cir.1989).
Retrieving the full opinion text from the archive…
United States
v.
Joaquin Jimenez-Perez, United States of America v. Jose Cabeza-Solano, United States of America v. Melecio Perlaza, United States of America v. Cristobal Gonzalez-Parra
88-1468.
Court of Appeals for the First Circuit.
Mar 10, 1989.
869 F.2d 9
Published

869 F.2d 9

UNITED STATES of America, Appellee,
v.
Joaquin JIMENEZ-PEREZ, Defendant, Appellant.
UNITED STATES of America, Appellee,
v.
Jose CABEZA-SOLANO, Defendant, Appellant.
UNITED STATES of America, Appellee,
v.
Melecio PERLAZA, Defendant, Appellant.
UNITED STATES of America, Appellee,
v.
Cristobal GONZALEZ-PARRA, Defendant, Appellant.

Nos. 88-1468 to 88-1471.

United States Court of Appeals,
First Circuit.

Heard Feb. 9, 1989.
Decided March 6, 1989.
As Amended March 10, 1989.

Frederic Chardon Dubos, for defendants, appellants Melecio Perlaza and Cristobal Gonzalez-Parra.

Ramon Garcia Garcia, San Juan, P.R., for defendant, appellant Jose Cabeza-Solano.

Lydia Lizarribar-Masini, by Appointment of the Court, for defendant, appellant Joaquin Jimenez-Perez.

Jorge E. Vega-Pacheco, Asst. U.S. Atty., San Juan, P.R., Criminal Div., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., and Jose R. Gaztambide, Asst. U.S. Atty., Rio Piedras, P.R., Criminal Div., were on brief for U.S.

Before CAMPBELL, Chief Judge, and TORRUELLA and SELYA, Circuit Judges.

SELYA, Circuit Judge.

[*~9]1

Appellants, along with eight codefendants, were indicted by a federal grand jury on charges that, in circumstances subject to the jurisdiction of the United States, they aided and abetted each other in the possession of marijuana on board a vessel on the high seas, intending to distribute the weed. See 46 U.S.C.App. Sec. 1903; 18 U.S.C. Sec. 2. After being found guilty by a petit jury, they have now appealed. There is neither need nor cause to wax longiloquent. In our judgment, it is impossible to attribute the slightest merit to any of appellants' assignments of error. Accordingly, we affirm.

2

* All four appellants assert that the trial evidence was too meagre to sustain the verdicts. The barrier which confronts a sufficiency-of-the-evidence challenge in a criminal case is a formidable one: in a proceeding such as this, an appellate court must take the facts in the light most congenial to the prosecution, drawing all reasonable inferences in its favor. United States v. Ingraham, 832 F.2d 229, 230 (1st Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 1738, 100 L.Ed.2d 202 (1988); United States v. Cintolo, 818 F.2d 980, 983 (1st Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 259, 98 L.Ed.2d 216 (1987). On this record, appellants cannot conceivably scale such a barrier. We explain why, in capsulated form.

[*~10]3

This case involves an aborted large-scale marijuana smuggle. The involvement of the four appellants in the affair (or, as they would have it, the lack of any) was similar. Given the proof, the jury could have found that from twelve to fourteen men were present aboard a 60-foot converted shrimper (the "PORFIN"); that the vessel and its complement had been at sea for five or six days, with journey's end not yet in sight; that she was in international waters when boarded; that over 400 bales of marijuana, weighing approximately 37,000 pounds, were stowed in an unlocked, easily accessible hold; that a distinctive odor, emanating from the marijuana, was detectable in the area where the men slept; and that, when the Coast Guard sought to board, some dissembling was attempted. As to the PORFIN itself, the evidence showed that she flew no flag; that she lacked, bow or stern, the customary emblematic emblazonment of a designated home port; that she was so laden as to be riding unusually low in the water; that she carried neither fishing gear nor any legitimate cargo; and that she was outfitted with sophisticated electronic equipment. There was also evidence that most of the appellants knew of the marijuana's existence before the Coast Guard discovered it.

4

Although there was more, we see no point in painting the lily. The evidence just stated was ample to sustain the convictions. The length of the voyage, the huge quantity of marijuana and its perceptibility to even a casual observer, the smallness of the vessel, the fact that the complement was much larger than such a ship would normally require, all militate in favor of the prosecution's theory of the case. We have, time and again, sustained convictions under comparable--indeed, less damning--circumstances. See, e.g., United States v. Molinares Charris, 822 F.2d 1213 (1st Cir.1987); United States v. Guerrero-Guerrero, 776 F.2d 1071 (1st Cir.1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1233, 89 L.Ed.2d 342 (1986); United States v. Beltran, 761 F.2d 1 (1st Cir.1985); United States v. Lopez, 709 F.2d 742 (1st Cir.), cert. denied, 464 U.S. 861, 104 S.Ct. 187, 78 L.Ed.2d 166 (1983); United States v. Quejada-Zurique, 708 F.2d 857 (1st Cir.), cert. denied, 464 U.S. 855, 104 S.Ct. 173, 78 L.Ed.2d 156 (1983); United States v. Smith, 680 F.2d 255 (1st Cir.1982), cert. denied, 459 U.S. 1110, 103 S.Ct. 738, 74 L.Ed.2d 960 (1983).[1]

[*11]5

It is true that the government's case was largely a circumstantial one. It is also true that a jury could perhaps have concluded that appellants were innocent dupes, naive journeymen who, blameless, were caught in the toils of an ongoing drug caper. Yet neither of those possibilities call for reversal in this case. What counts is that, on this record, the jury could certainly have chosen to believe that the converging circumstances pointed toward a more sinister truth and been persuaded thereby of appellants' guilt.[2] And that conclusion, once reached, would be self-reinforcing; if the jury disbelieved defendants' story, it could legitimately have presumed that the fabrication was all the more proof of their guilt. See Quejada-Zurique, 708 F.2d at 861; Smith, 680 F.2d at 260. In fine, the case falls well within our long-held rule:

6

We have repeatedly stated, and today reaffirm, that in a criminal case, "the evidence need not preclude every reasonable hypothesis inconsistent with guilt" in order to sustain a conviction. United States v. Guerrero-Guerrero, 776 F.2d 1071, 1075 (1st Cir.1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1233, 89 L.Ed.2d 342 (1986). It is enough that ... a rational jury could look objectively at the proof and supportably conclude beyond reasonable doubt that the defendant's guilt had been established.

7

Ingraham, 832 F.2d at 239-40. Because the evidence plainly supported the requisite "two step inference," Steuben, 850 F.2d at 867 (i.e., the jury could reasonably have found that the PORFIN was engaged in obviously illegal activity, and that each of the appellants was ready to assist in the felonious enterprise), the convictions were bottomed on a solid foundation.

II

8

Unlike their brethren, who question only the quantum of proof, defendants Melecio Perlaza and Cristobal Gonzalez Parra assign error in two further respects. Both initiatives are grounded more in hope than in reason.

A.

9

First, Perlaza and Gonzalez say that the government never proved that the PORFIN was "on the high seas ... and subject to the jurisdiction of [a United States] Court" when intercepted by the Coast Guard, as charged in the indictment. The evidence, they contend, indicates that the PORFIN was halted in the territorial waters of an unconsenting sovereign nation (Antigua, perhaps), thus undermining the government's assertion of jurisdiction. This contention was not surfaced in the Rule 29 motions below,[3] so we inquire into it only for "clear and gross injustice." United States v. Cheung, 836 F.2d 729, 730 n. 1 (1st Cir.1988) (per curiam); United States v. Greenleaf, 692 F.2d 182, 185 (1st Cir.1982), cert. denied, 460 U.S. 1069, 103 S.Ct. 1522, 75 L.Ed.2d 946 (1983).

10

The inquiry, once undertaken, need not occupy us for long: appellants' position is wrong as a matter of fact and impuissant as a matter of law. The ranking Coast Guard officer, Thomas Hickman, testified without objection that the cutter stopped the PORFIN and boarded her "... in what we determined to be international waters.... east of Barbuda, north of Antigua, outside of the twelve mile territorial waters on the high seas." Trial Transcript, vol. I, at 36. That testimony was (1) uncontradicted, (2) not inherently implausible, (3) from a knowledgeable witness, and (4) apparently accepted by the jury. It was plainly enough to prove the point.[4] There was no "clear and gross injustice."

B.

11

The last question raised concerns the admission of certain evidence. A member of the Drug Enforcement Administration task force, Jorge Fernandez Maldonado, testified to the street value of the marijuana, saying that it "[f]luctuate[d] between $550 and $600.... [p]er pound" in the relevant time frame. Trial Transcript, vol. II, at 84.[5] In our opinion, it was within the district judge's discretion to allow the evidence.

12

The district courts have considerable latitude in (1) admitting or excluding opinion evidence, e.g., Freeman v. Package Machinery Co., 865 F.2d 1331, 1338 (1st Cir.1988); United States v. Hoffman, 832 F.2d 1299, 1310 (1st Cir.1987); (2) assessing relevancy, e.g., United States v. Tierney, 760 F.2d 382, 387-88 (1st Cir.), cert. denied, 474 U.S. 843, 106 S.Ct. 131, 88 L.Ed.2d 108 (1985); and (3) weighing the balance between probative value and unfair effect, e.g., Freeman, supra, at 1340; Tierney, 760 F.2d at 388. Given these ground rules, no claim of error can successfully be maintained. After all, the evidence showed that the illicit cargo was worth in the neighborhood of 20 million dollars. That was an obvious basis for relevancy. See Guerrero-Guerrero, 776 F.2d at 1076 (in evaluating crewman's "mere presence" defense, value of contraband a factor; a reasonable inference can be drawn "that conspirators conducting a ... high-stakes smuggling operation would not allow ... unwitting bystanders in their midst"); Beltran, 761 F.2d at 6 (similar). And the fact that the evidence may have been harmful to defendants' cause was no reason to keep it from the jury:

13

The fact that a piece of evidence hurts a party's chances does not mean it should automatically be excluded. If that were true, there would be precious little left in the way of probative evidence in any case. "The question is one of 'unfair' prejudice--not of prejudice alone."

14

Onujiogu v. United States, 817 F.2d 3, 6 (1st Cir.1987) (citation omitted).

III

15

We need go no further. Reduced to bare essentials, appellants' real complaint is that the jury apparently believed the prosecution's evidence and drew adverse--but reasonable--inferences therefrom, rejecting appellants' exotic tales of what had transpired. It is, however, apodictic that a trier of fact is not bound to accept the self-serving stories of persons accused. Cintolo, 818 F.2d at 989. To the contrary, "[i]t was the jury's responsibility to assess the credibility of the witnesses and decide what inferences could be fairly drawn." Molinares Charris, 822 F.2d at 1220. We believe that responsibility was more than adequately fulfilled in this instance.

16

AFFIRMED.

1

At oral argument, we were told that appellants' case had been bolstered by our recent decision in United States v. Steuben, 850 F.2d 859 (1st Cir.1988). But Steuben cuts in exactly the opposite direction. Here, unlike in Steuben, "the marijuana was ... stowed aboard the vessel where the crew lived in close quarters for an extended period of time ... [and] to which they had direct access...." Id. at 867. Here, unlike in Steuben, there was considerable evidence "that the marijuana cargo could have been perceived by the crew." Id. Here, unlike in Steuben, "the size of the crew was abnormally large ..., which might have supported an inference that the crew would be used to provide the labor for unloading the marijuana." Id. For these reasons, Steuben avails appellants naught. The other cases upon which appellants rely, e.g., United States v. Mehtala, 578 F.2d 6 (1st Cir.1978) and United States v. Francomano, 554 F.2d 483 (1st Cir.1977), are also (factually) dissimilar in (legally) significant ways. See generally Quejada-Zurique, 708 F.2d at 859 (distinguishing Mehtala and Francomano )

2

Given the totality of the evidence, it is difficult to see how the smuggle could have been accomplished without appellants' complicity or to credit the somewhat fantastical stories which appellants eventually told. The law, as we have said, "is not so struthious as to compel a criminal jury to ignore that which is perfectly obvious." United States v. Ingraham, 832 F.2d at 240. See also United States v. Smith, 680 F.2d at 260 ("Neither juries nor judges are required to divorce themselves of common sense.")

3

All defendants, including Perlaza and Gonzalez, moved for judgments of acquittal at the close of the prosecution's case solely on "mere presence" grounds, i.e., they argued only that the evidence was insufficient to show specific intent to engage in the ongoing criminal enterprise. See Trial Transcript, vol. II, at 87-90. The motions were denied. Id. at 93-94. At the close of all the evidence, the defendants renewed the motions, telling the court that the grounds were "[b]asically the same...." Id. at 166. The motions were again denied. Id. At no time was the jurisdictional point mentioned, let alone raised

4

This being so, we need not reach--and take no view of--appellee's alternate theories of jurisdiction and standing

5

Counsel for appellant Joaquin Jimenez Perez objected to the question on relevancy grounds. Counsel for Perlaza and Gonzalez did not object. The government argues, with considerable plausibility, that Perlaza and Gonzalez waived the point. Be that as it may, the evidence was admissible, so we choose not to rest our decision on a narrower ground