United States v. John Maloney

Opinion by Judge N.R. SMITH;

Dissent by Judge GILMAN.

OPINION

N.R. SMITH, Circuit Judge:

John Maloney appeals his jury conviction and sentence for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

The district court did not abuse its discretion in denying the defense surrebuttal summation, because the prosecution’s statements in rebuttal summation addressed the arguments made in defense counsel’s closing argument and were based on permissible inferences from the record. The prosecution only…