United States v. Shawn Joaquin Smith, AKA "S-Man"

REINHARDT, Circuit Judge:

Shawn Joaquin Smith appeals his conviction for attempted possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and use of a firearm in a drug traffick*926ing crime, in violation of 18 U.S.C. § 924(c)(1). Smith contends, inter alia, that the prosecutor’s improper vouching during closing argument constituted plain error and warrants reversal of his conviction notwithstanding his failure to raise a contemporaneous objection. We agree.

I

In 1988, United States Customs agents together with the Las Vegas Metropolitan…