United States v. Rodriguez-Adorno, No. 11-1050 (1st Cir. 2012)Annotate this Case
Appellant appealed his conviction of conspiracy to commit a carjacking and aiding and abetting an attempted carjacking resulting in a death. The First Circuit Court of Appeals affirmed, holding (1) the government presented inappropriate overview testimony from a FBI agent at the outset of its case, but the error was harmless; (2) the government engaged in improper vouching in its closing argument, but Appellant failed to show the requisite prejudice, and therefore the error was harmless; (3) the district court did not err in denying Appellant's Fed. R. Crim. P. 29 motion for a judgment of acquittal, as the government presented sufficient evidence to support Appellant's convictions; and (4) the court did not err in applying the United States Sentencing Guidelines Manual 2B3.1(c) "murder cross reference" in determining the guidelines range for Appellant's sentence.
This opinion or order relates to an opinion or order originally issued on December 7, 2011.