United States v. Rojas, No. 13-1352 (1st Cir. 2014)Annotate this Case
After a jury trial, Appellant was convicted of distributing cocaine. On appeal, Appellant argued that two instances of prosecutorial misconduct deprived him of a fair trial. The First Circuit affirmed the conviction, holding (1) the prosecutor erred during closing argument rebuttal by offering “overzealous and inappropriate” statements regarding the credibility of the government’s witnesses, thus improperly vouching for the prosecution’s investigation and witnesses; (2) the prosecutor erred during closing arguments by playing an audio recording for the jury that had not been entered into evidence; but (3) neither of the errors affected Appellant’s conviction.