The following excerpt is from United States v. Barragan, No. 13-50516, No. 13-50518, No. 13-50525, No. 13-50531 (9th Cir. 2017):
loaded handguns"; we described that as an "entire line of argument, made even more indefensible by its repetition"); Mendiola, 976 F.2d at 486-87 (prosecutor argued "[t]hat gun is still out there. If you say not guilty, he walks out right out the door, right behind you"; we described that as "a far cry from a few unwise comments"). Here, the prosecutor's "no more" mantra impliedly invited the jury to consider community safety, but did not expressly urge them to do so. Cf. United States v. de Cruz, 82 F.3d 856, 862 (9th Cir. 1996) (holding that prosecutor's statement that crime "shouldn't go on" was "simply a way of saying that defendant had engaged in criminal conduct and should not be permitted to continue that criminal conduct").
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.