United States v. Rodriguez-Soler
773 F.3d 289
| 1st Cir. | 2014Background
- Defendant Francisco Rodríguez‑Soler indicted for: drug conspiracy within 1,000 feet of protected property (21 U.S.C.), conspiracy to possess a firearm in relation to drug trafficking (18 U.S.C.), and possession/ aiding and abetting a firearm in furtherance of a drug trafficking crime.
- Government theory: Rodríguez‑Soler was the right‑hand man to leader Christian “Tatón” Figueroa‑Alvardo and played a supervisory/armored role at a public‑housing drug point; cooperating witnesses and surveillance supported that theory.
- Admitted evidence at trial included surveillance video, two photo sets: (1) police‑station photos showing Rodríguez‑Soler with alleged conspirators attending to Tatón after an unrelated horse‑theft arrest, and (2) traffic‑stop photos showing Rodríguez‑Soler driving with alleged conspirators during an unrelated stop near the drug point.
- Defense objections: evidence was guilt‑by‑association, irrelevant, unfairly prejudicial, and constituted inadmissible other‑acts evidence under Rules 401, 403, and 404(b); many objections were not timely preserved (plain‑error review for some issues).
- Jury convicted on all counts; district court sentenced to concurrent 188‑month terms (counts 1 & 2) and consecutive 60 months (count 3). First Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relevance of police‑station photos | Photos do not tend to make any material fact more likely; unrelated events (horse‑theft) so irrelevant | Photos show Rodríguez‑Soler knew and supported Tatón during conspiracy period; relevant to knowledge/association | Evidence met low Rule 401 threshold; relevant to knowledge; no abuse of discretion in admitting |
| Relevance of traffic‑stop photos | Traffic photos unrelated to charged conspiracy; should be excluded | Photos tend to show association with conspirators near drug point; relevant to knowledge | Plain‑error review fails; photos were relevant and admissible |
| Rule 403 unfair prejudice (guilt by association / bad character) | Photos and officer testimony invited conviction by association and suggested bad character (horse thieves, traffic violator) | Probative value of showing close association outweighed any minimal unfair prejudice; jury could weigh credibility | No reversible Rule 403 error; probative value not substantially outweighed by unfair prejudice; any error harmless given other strong evidence |
| Rule 404 (other‑acts / extrinsic evidence) | Photos were extrinsic other‑acts evidence admitted to show propensity | Photos admitted for non‑propensity purpose (knowledge, identity, association); allowed under Rule 404(b) exceptions | Plain‑error review fails; evidence admissible to show knowledge/association and passed 403 balancing |
Key Cases Cited
- United States v. Tum, 707 F.3d 68 (1st Cir.) (standard on narrating facts when sufficiency not challenged)
- United States v. Polanco, 634 F.3d 39 (1st Cir.) (abuse‑of‑discretion review and relevance standards)
- United States v. Cotto‑Aponte, 30 F.3d 4 (1st Cir.) (expansive definition of relevance under Rule 401)
- United States v. Ortiz, 966 F.2d 707 (1st Cir.) (close relationships as part of circumstantial proof of involvement)
- United States v. Vega Molina, 407 F.3d 511 (1st Cir.) (photos of defendants together admissible to show intimate relationships even when not taken at crime scene)
- United States v. Adams, 375 F.3d 108 (1st Cir.) (deference to district court on Rule 403 balancing; reversal only if egregiously wrong)
- United States v. Dunbar, 553 F.3d 48 (1st Cir.) (harmless‑error inquiry for improperly admitted evidence)
- United States v. Doe, 741 F.3d 217 (1st Cir.) (circumstances where officers may testify about investigative contacts to explain provenance of evidence)