United States v. Williams

MEMORANDUM

Michael Dennis Williams, Shondor Janell Arceneaux, and Kenneth Deandre Rodgers (collectively “Defendants”) appeal their jury convictions of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d) and use or possession of a firearm in relation to a crime of violence in violation of § 924(c)(1). Derek Maddox, tried separately, also appeals his jury conviction of armed bank robbery and use or possession of a firearm in relation to a crime of violence in violation of the aforementioned statutes. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Defendants Williams, Arceneaux, and Rodgers

1. Defendants Williams, Arcen-eaux, and Rodgers jointly argue that the prosecution improperly vouched for the government’s cooperating witnesses during closing argument and that this vouching was plain error requiring reversal.

When there is an allegation of vouching, we must determine (1) whether the conduct is vouching, (2) whether the misconduct is cured by instructions to the jury, and (3) whether the closeness of the case requires reversal. United States v. Weatherspoon, 410 F.3d 1142, 1145-46, 1151-52 (9th Cir.2005).

During rebuttal, in response to an…