The following excerpt is from United States v. Valdez-Lopez, 20-10004 (9th Cir. 2021):
Valdez-Lopez also objects that in response to defense counsel's argument about sentencing disparities with his codefendants, the district court asked the rhetorical question, "Which codefendants went to trial?" There was nothing improper about that observation either. Valdez-Lopez's codefendants had received shorter sentences after pleading guilty, and a codefendant's acceptance of a guilty plea is a permissible explanation for a sentencing disparity. See United States v. Carter, 560 F.3d 1107, 1121 (9th Cir. 2009).
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