United States v. Jesus Barragan

OPINION

HURWITZ, Circuit Judge:

Jesus Barragan, Pablo Franco, Francisco Gutierrez, and Hector Fernandez were convicted of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”); Barragan was also convicted of drug crimes. They appeal their convictions and sentences- Although we find a portion of the prosecutor’s closing argument improper, we conclude that prejudice has not been shown and affirm the convictions. We affirm the sentences of Barragan, Franco, and Fernandez, but vacate Gutierrez’s sentence and remand for resentencing.

I. BACKGROUND

A. Investigation…