United States v. Allen
United States v. Allen
Opinion of the Court
MEMORANDUM
Tony Allen appeals his conviction, after a jury trial, for mailing a threatening letter to a prosecutor in violation of 18 U.S.C. § 876.
Allen first argues that the district court erred by denying without an evidentiary hearing Allen’s motion for a new trial based on alleged juror misconduct. Six months after a jury verdict finding him guilty, Allen filed a motion for a new trial on the asserted ground that a juror was prejudiced against him and should not have been allowed to serve.
Under Rule 33 of the Federal Rules of Criminal Procedure, a motion for
Second, Allen argues that his conviction should be reversed because the prosecutor improperly bolstered and vouched for government witnesses and evidence in closing argument. We are required to view these claims by an “examination of the entire proceedings,” see Donnelly v. DeChristoforo, 416 U.S. 637, 643, 94 S.Ct. 1868, 40 L.Ed.2d 431 (1974), i.e., “in the context of the entire trial.” United States v. Henderson, 241 F.3d 638, 652 (9th Cir. 2000) (citation omitted), cert. denied, 532 U.S. 986, 121 S.Ct. 1634, 149 L.Ed.2d 494 (2001). After careful review of the entire proceedings, we hold that the prosecutor’s closing arguments in context were not improper.
AFFIRMED.
This disposition is inappropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Tony Christopher ALLEN, Defendant—Appellant
- Status
- Published