Is it permissible for a federal prosecutor to argue that a defendant is lying on Facebook?

MultiRegion, United States of America

The following excerpt is from United States v. Flores, 802 F.3d 1028 (9th Cir. 2015):

Both parts of this strategy are permissible. Prosecutors are free in argument to suggest that the jury draw reasonable inferences from the evidence presented at trial. United States v. Sayetsitty, 107 F.3d 1405, 1409 (9th Cir.1997) ; see also Mageno, 762 F.3d at 943 ; United States v. Molina, 934 F.2d 1440, 1445 (9th Cir.1991) (holding that prosecutors may argue that a defendant is lying). Here, there was more than enough evidence to support a reasonable inference that the Facebook messages actually meant that Flores was carrying drugs into the United States, rather than to Mexico as she testified. She was, in fact, carrying more than 36 pounds of marijuana in her car as she entered the United States on the very day she sent those messages. She then attempted to delete postings on her Facebook account from jail after the border patrol discovered the marijuana in her car.

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