United States Ninth Circuit

Defendant's conviction and sentence for importation of marijuana are: 1) affirmed as to the conviction, where the prosecutor's invocation of her own personal knowledge during cross-examination was improper, but defendant failed to demonstrate that the prosecutorial error affected his substantial rights; and 2) vacated as to the sentence, where the district court did not adequately explain why it declined defendant's request for a two-level reduction in his Guidelines sentence.

Appellate Information

• Decided 05/28/2014
• Published 05/28/2014

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel