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United States v. August_n Rodr_guez-Adorno

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Before Lynch, Chief Judge, Selya and Lipez, Circuit Judges.

Appellant August_n Rodr_guez-Adorno appeals his conviction in the United States District Court for the District of Puerto Rico of conspiracy to commit a carjacking and aiding and abetting an attempted carjacking resulting in a death. He raises three challenges to his conviction: (1) the government presented inappropriate and prejudicial overview testimony from a Federal Bureau of Investigation (“FBI”) agent at the outset of its case, (2) the government engaged in improper vouching in its closing argument, and (3) the court erred in denying his Federal Rule of Criminal Procedure 29 motion for a judgment of acquittal. He also claims that the court erred in applying the United States Sentencing Guidelines Manual (“USSG”) _ 2B3.1(c) “murder cross reference” in determining the guidelines range for his sentence. Finding appellant’s arguments meritless, we affirm.

I.

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