United States v. David Garza

GOLDBERG, Circuit Judge:

This case presents nothing new — no new issue of law or unique factual configuration. It presents rather a situation far too common and too often condemned by this court to be in any manner excusable. We must deal again with grossly improper pros-ecutorial comment during closing argument which substantially prejudiced defendant’s right to a fair trial on the evidence presented in his case.

David Garza was convicted by a jury on counts of conspiracy, distribution of heroin, and possession of heroin with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1) and…