United States v. Rodriguez, 675 F.3d 48

Rodriguez was convicted of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1).
A pocket-sized New Testament Bible was found in the jury room during deliberations; defense moved for a new trial arguing Sixth Amendment violations and impartial jury concerns.
District court held a hearing; foreperson testified that the Bible was not discussed in deliberations and denied a recall for voir dire; the Bible issue was thus resolved against Rodriguez.
Rodriguez also challenged the government’s closing arguments as violating Fifth Amendment rights and later claimed ineffective assistance of counsel related to Sweeney’s testimony and immunity questions.
Sweeney provided multiple, changing statements about Rodriguez and the AK-47; she later received immunity, leading to new disclosures on the eve of trial.
On appeal, the First Circuit affirmed, rejecting Rodriguez’s ineffective assistance claim and various trial-court rulings, and upheld the new-trial decisions and the prosecutor’s conduct analyses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel standard	Rodriguez contends counsel was deficient and prejudicial.	Government argues no deficiency or prejudice shown.	No deficient performance or prejudice shown.
Jury taint from Bible in jury room	Bible presence improperly influenced deliberations; remand or new trial warranted.	District court conducted adequate inquiry; no taint proven.	District court acted within discretion; no new trial required.
Confrontation Clause argument waived	Bible-related Confrontation Clause claim remains unaddressed.	Argument was inadequately developed and thus waived.	Claim waived.
Prosecutorial conduct in closing argument	Prosecutor’s appearance of pressuring or infringing Fifth Amendment rights prejudiced Rodriguez.	Any misconduct was isolated and cured by instruction; no prejudice.	No reversible error; evidence supported conviction; curative instruction effective.
Rebuttal argument improper vouching	Prosecutor’s rebuttal comments improperly vouched for credibility.	Comments were permissible responsive rhetoric to defense; no improper vouching.	No plain error; arguments did not alter the trial's outcome.

Lara-Ramirez v. United States, 519 F.3d 76 (1st Cir. 2008) (distinguishes when Bible in jury room requires remand versus discretion to proceed)
Ofray-Campos v. United States, 534 F.3d 1 (1st Cir. 2008) (exception allowing direct-appeal review of ineffective assistance when record is developed)
Gentles v. United States, 619 F.3d 75 (1st Cir. 2010) (standard for assessing prosecutorial misconduct and curative instructions)
Riccio v. United States, 529 F.3d 40 (1st Cir. 2008) (curative instructions can defeat prejudice from improper remarks)
Azubike v. United States, 504 F.3d 30 (1st Cir. 2007) (three-part test for evaluating prosecutorial misconduct and prejudice)
Joyner v. United States, 191 F.3d 47 (1st Cir. 1999) (prejudice assessment for prosecutorial misconduct in closing)
Meader v. United States, 118 F.3d 876 (1st Cir. 1997) (juror-influence inquiry may be tailored to circumstances)