United States v. Rodriguez-Adorno
695 F.3d 32
| 1st Cir. | 2012Background
- May 12, 2007, appellant and two co-defendants attempted to steal a car in Río Piedras, San Juan; gunfire killed the driver during the altercation.
- Indicted on four counts: conspiracy to carjack with intent to cause death or serious bodily harm; aiding and abetting carjacking resulting in death; aiding and abetting firearm use in furtherance of a crime of violence; aiding and abetting death by firearm.
- Trial proceeded with eyewitness testimony, surveillance videos, and DNA evidence linking appellant to the scene; appellant testified with an alternative version of events.
- Jury convicted on counts 1 and 2; court applied USSG § 2B3.1(c) murder cross-reference, yielding a life base but sentenced 180 months due to mitigators; issue on sentencing appealed.
- Appellant challenged overview testimony, vouching in closing, Rule 29 denial, and murder cross-reference; appellate review affirmed the convictions and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the FBI agent's overview testimony improper? | Rodríguez-Adorno | Rodríguez-Adorno | Harmless error for preserved claim; no reversal overall |
| Was the surveillance-clip identification testimony properly admitted? | Rodríguez-Adorno | Rodríguez-Adorno | Assumed error but not prejudicial; plain-error review failed |
| Did closing arguments improperly vouch for witnesses? | Rodríguez-Adorno | Rodríguez-Adorno | One statement improper; not prejudicial under plain-error standard |
| Was there sufficient evidence to support conspiracy and carjacking with intent to harm or kill? | Rodríguez-Adorno | Rodríguez-Adorno | Sufficient evidence; concerted plan and intent to harm established |
| Was application of the murder cross-reference proper? | Rodríguez-Adorno | Rodríguez-Adorno | Proper under facts; killing during robbery sufficient for cross-reference |
Key Cases Cited
- Vázquez-Rivera v. United States, 665 F.3d 351 (1st Cir. 2011) (overview testimony and harmless error standards; prejudice burden on petitioner)
- Meises v. United States, 645 F.3d 5 (1st Cir. 2011) (limits on lay opinion; overview testimony cautions)
- Flores-de-Jesús v. United States, 569 F.3d 8 (1st Cir. 2009) (courts admonish overview testimony; impact on juries)
- United States v. Jackman, 48 F.3d 1 (1st Cir. 1995) (police identifications from video where witness has familiarity)
- United States v. Jadlowe, 628 F.3d 1 (1st Cir. 2010) (identification testimony from surveillance where jurors can identify)
- Holloway v. United States, 526 U.S. 1 (S. Ct. 1999) (intent element for carjacking robbery)
- United States v. García-Ortiz, 528 F.3d 74 (1st Cir. 2008) (murder cross-reference context in robbery)
- United States v. Shea, 211 F.3d 658 (1st Cir. 2000) (application of murder cross-reference)
- United States v. Figueroa-Encarnacion, 343 F.3d 23 (1st Cir. 2003) (plain-error review for improper vouching)
- United States v. Giambro, 544 F.3d 26 (1st Cir. 2008) (standard for reviewing Rule 29 sufficiency)
- United States v. Cruzado-Laureano, 404 F.3d 470 (1st Cir. 2005) (sufficiency and conduct in conspiracy cases)