United States v. Jesse Harrison

MEMORANDUM

Jesse Quinn Harrison appeals his conviction for two counts of making threats against the President of the United States in -violation of 18 U.S.C. § 871 , and the fifteen-month sentence imposed thereon. We affirm in part and dismiss in part.

1. Harrison argues that the district court plainly erred in permitting the prosecutor, without objection from defense counsel, to mischaracterize the subjective intent element of the crime in her closing argument. We conclude the prosecutor did not misstate the law. Even if she had, Harrison is unable to show the prejudice required for reversal. See United States v. Begay, 678 F.3d 1038 , 1046-47 (9th Cir. 2011) (en banc). The prosecutor’s alleged misstatements were preceded by correct statements of law, both by the court in the jury instructions and by the prosecutor in her closing argument, and followed by correct statements of law by the prosecutor and defense counsel in their respective closing arguments. See id. at 1046; United States v. Medina Casteneda, 511 F.3d 1246, 1249-50 (9th Cir.2008) (no plain error where the jury instructions properly defined the relevant law and no other evidence overcame the presumption that the…