Gerson Serrano-Ramirez v. United States
Mr. Gerson Serrano-Ramirez was tried and convicted on in the United States District Court for the Middle District of Tennessee. Prior to and during trial, the District Court made various erroneous rulings that prevented Mr. Serrano-Ramirez from receiving a fair trial to which he is entitled.
I. THE DISTRICT COURT ERRED WHEN IT DENIED MR. SERRANO-RAMIREZ'S MOTION TO SEVER OFFENSES
II. THE DISTRICT COURT ERRED WHEN IT IMPROPERLY PERMITTED THE GOVERNMENT TO SOLICT EVIDENCE IN CONTRAVENTION OF FEDERAL RULE OF EVIDENCE 404(b)
III. THE DISTRICT COURT ERRED WHEN IT FAILED TO PROHIBIT THE GOVERNMENT FROM REFERENCING MR. SERRANO-RAMIREZ'S ALLEGED GANG AFFLIATION
IV. THERE IS INSUFFICIENT EVIDENC E TO SUPPORT MR. SERRANO-RAMIREZ'S CONVICTION IN COUNT FIVE OF THE SUPERSEDING INDICTMENT AS THERE WAS NO PROOF THE WEAPON WAS AN AUTHENTIC FIREARM
V. THERE IS INSUFFICIENT EVIDENCE TO SUPPORT MR. SERRANO-RAMIREZ'S CONVICTION IN COUNT EIGHT OF THE SUPERSEDIN G INDICTMENT AS THERE WAS INSUFFICIENT EVIDENCE HE WAS MAINTAINING A PREMISES FOR THE PURPOSE DISTRIBUTING CONTROLLED SUBSTANCES
VI. THERE IS INSUFFICIENT EVIDENCE TO SUPPORT MR. SERRANO-RAMIREZ'S CONVICTION IN COUNTS FOUR AND SIX AS THERE WAS INSUFFICIENT PR OOF PRESENTED TO ESTABLISH THAT MR. SERRANO RAMIREZ WAS IN POSSESSION OF A CONTROLLED SUBSTANCE
Whether the district court erred in its rulings that prevented the defendant from receiving a fair trial