United States First Circuit

Defendant's conviction for conspiracy to commit a carjacking and aiding and abetting an attempted carjacking resulting in a death is affirmed where: 1) regarding defendant's claim that the government presented inappropriate and prejudicial testimony from an FBI agent, defendant has failed to overcome the high hurdle of plain error review by showing that this error affected the outcome of his trial; 2) because defendant has failed to show requisite prejudice, regarding his claim that the government engaged in improper vouching in its closing argument, this error does not justify a new trial under the plain error rubric; 3) there is no question that the government presented sufficient evidence to support defendant's convictions; and 4) the circumstances of the victim's killing is enough to apply the murder-cross reference to the defendant.

Appellate Information

• Decided 09/17/2012
• Published 09/17/2012

Judges

• Lipez

Court

• United States First Circuit

Counsel