Peake v. United States

(1) Whether the First Circuit erred in determining that Puerto Rico is a state for purposes of the Sherman Act; and (2) whether the First Circuit erred in applying a "preponderates heavily against the verdict" standard rather than an "effect on the jury" standard in its harmless error analysis, thereby ignoring the prejudicial effect of the prosecution's repeated improper argument and questioning that followed the prosecution"s assurances to the trial court that such arguments would not be made.