The following excerpt is from U.S. v. Sanchez-Robles, 927 F.2d 1070 (9th Cir. 1991):
"Every slight excess of a prosecutor does not require that a verdict be overturned and a new trial ordered. Prosecutorial misconduct does not require reversal unless the misconduct deprives the defendant of a fair trial." United States v. Yarbrough, 852 F.2d 1522, 1539 (9th Cir.) (citations omitted), cert. denied, 488 U.S. 866, 109 S.Ct. 171, 102 L.Ed.2d 140 (1988). In evaluating whether the error affected the fairness of the trial, "[t]he possible prejudicial effect of alleged misconduct must be judged in the context of the entire trial." United States v. McWilliams, 730 F.2d 1218, 1222 (9th Cir.1984) (per curiam). If the misconduct complained of was "isolated and was not inflammatory," then reversal is not warranted. Id. Furthermore, the district judge's view of the context of the misconduct is highly relevant. "The district judge is in a much better position to evaluate the prosecutor's conduct and its impact. This court properly accords considerable deference to the trial court's view of such matters." Id.
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