United States v. Sergio Herrera-Robles

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America Plaintiff-Appellee, v. Sergio HERRERA-ROBLES Defendant-Appellant. No. 92-30044. United States Court of Appeals, Ninth Circuit. Submitted Jan. 7, 1993. * Decided Jan. 15, 1993. 1 Before FARRIS and KLEINFELD Circuit Judges, and EZRA, ** District Judge. OVERVIEW 2 Sergio Herrera-Robles appeals his jury conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 , and distribution of more than five hundred grams of cocaine, in violation of §§ 846(a)(1)(B) and 841(b)(1). We affirm. DISCUSSION 3 Herrera-Robles contends that the prosecutor made five prejudicial comments during closing argument which amount to reversible error. A careful review of the record convinces us that this contention lacks merit. 1. Comment 1 4 Herrera-Robles claims that the government improperly commented that the cocaine had come from South America, evidence previously excluded by…