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U.S. v. RODRIGUEZ

No. 10-1984.

675 F.3d 48 (2012)

UNITED STATES, Appellee, v. Carlos RODRIGUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 28, 2012.

Attorney(s) appearing for the Case

Bernard Grossberg for appellant.

Cynthia A. Young , Assistant U.S. Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before LYNCH, Chief Judge, HOWARD and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

Before the ink could dry on its verdict convicting Carlos Rodriguez of being a felon in possession of a firearm, the trial judge learned that a pocket-sized New Testament Bible was found in the jury deliberation room. The judge promptly notified Rodriguez's counsel of the discovery and he immediately filed a motion for a new trial. In his motion, counsel argued that the Bible's presence in the jury...

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