United States v. Hector Hernandez and Jose Barcelo

BAUER, Chief Judge.

Hector Hernandez and Jose Barcelo were separately tried by jury and convicted of conspiring to distribute cocaine in violation of 21 U.S.C. § 846 and of distributing cocaine in violation of 21 U.S.C. § 841(a)(1). Barcelo was also convicted of using a telephone to facilitate these felonies in violation of 21 U.S.C. § 843(b). Both defendants appeal their convictions, alleging that the prosecutors’ comments in closing argument denied them their right to a fair trial. We affirm.

I. Statement of the Facts

On July 22,1987, Leo Arreguin, a special agent for the Drug Enforcement…