United States Ninth Circuit

Defendant's conviction for conspiracy to distribute methamphetamine is reversed, where: 1) the prosecutors' several misstatements of fact during the closing argument encouraged the jury to convict the defendant on the basis of evidence not presented at trial; 2) there was a reasonable probability that the prosecutorial misstatements affected the outcome of the case; and 3) the government raised the misstatement issue in its answering brief and was not prejudiced, therefore allowing the panel to consider the issue despite defendant not having raised the issue.

Appellate Information

• Decided 08/11/2014
• Published 08/11/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel