context: Ponzo spends no time explaining how he suffered prejudice. And although the second question may have suggested that Costello was somehow involved in marijuana trafficking, the query went unanswered, plus the court told the jury that lawyers' questions are not evidence.
citation_a.signal: see also
citation_a.identifier: 473 F.3d 387, 394
citation_a.parenthetical: noting that demonstrating prejudice is "more difficult" when questions go unanswered
citation_a.sentence: See United States v. Innamorati, 996 F.2d 456, 485 (1st Cir. 1993) (finding no prejudice where witness did not answer the challenged question and the court instructed the jury that lawyers’ statements are not evidence); see also United States v. Robinson, 473 F.3d 387, 394 (1st Cir. 2007) (noting that demonstrating prejudice is “more difficult” when questions go unanswered). So we cannot say that the complained-of errors rise to the level of plain error.
citation_b.signal: see
citation_b.identifier: 996 F.2d 456, 485
citation_b.parenthetical: finding no prejudice where witness did not answer the challenged question and the court instructed the jury that lawyers' statements are not evidence
citation_b.sentence: See United States v. Innamorati, 996 F.2d 456, 485 (1st Cir. 1993) (finding no prejudice where witness did not answer the challenged question and the court instructed the jury that lawyers’ statements are not evidence); see also United States v. Robinson, 473 F.3d 387, 394 (1st Cir. 2007) (noting that demonstrating prejudice is “more difficult” when questions go unanswered). So we cannot say that the complained-of errors rise to the level of plain error.