United States v. Vargas

PATRICK E. HIGGINBOTHAM, Circuit Judge:

At 11:15 p.m. on December 2, 2007 defendant Juan Carlos Vargas drove a tractor trailer into the United States Border Patrol Checkpoint in Sarita, Texas. Vargas owned the tractor, which he leased to his employer, P&M Trucking. Enrique Garza owned the trailer. Border patrol agents opened the trailer and found 1,426 pounds of marijuana buried under bales of used clothing. Vargas was convicted of possession with intent to distribute more than 100 kilograms of marijuana. He appeals, asserting prosecutorial misconduct during the government’s closing argument.

I

T…