Legal Opinion
United States v. Murillo-Contreras
Court of Appeals for the Ninth Circuit
Decided November 20, 2003No. 02-10172; D.C. No. CR-98-01544-JMRPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM **
Jesus Murillo-Contreras appeals his convictions for attempted illegal reentry after deportation and assault on federal officers. We affirm.
I
A
Because the motion for mistrial on grounds that the prosecutor’s closing argument impermissibly shifted the burden of proof was essentially contemporaneous with the challenged prosecutorial comments, we review for harmless error. See United States v. Cabrera, 201 F.3d 1243, 1246 (9th Cir.2000). Reversal is warranted only if “it appears more probable than not that prosecutorial misconduct materially affected the fairness of the trial.” Id.…
2Cases cited13 opinions
- Douglas Oil Co. of Cal. v. Petrol Stops NorthwestSupreme Court of the United States · 1979
- John K. Lincoln v. Franklin Y.K. SunnCourt of Appeals for the Ninth Circuit · 1987
- United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 2000
- United States v. Gregorio De Jesus Mares, United States of America v. Alfredo Martinez-OsunaCourt of Appeals for the Ninth Circuit · 1991
- United States v. William Dennis Danielson v. United States v. William Dennis DanielsonCourt of Appeals for the Ninth Circuit · 2003
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3Cited by1 opinion
- Murillo-Contreras, AKA Martinez-Bravo, AKA Contreras Murillo v. United StatesSupreme Court of the United States · 2004