United States v. Kevin Cunningham

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Kevin CUNNINGHAM, Defendant-Appellee. No. 92-30234. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 5, 1993. Appeal from the United States District Court for the Western District of Washington; No. CR-92-30-01-WLD, William L. Dwyer, District Judge, Presiding. W.D.Wash. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the district court's order granting Kevin Cunningham's motion for a new trial based on the prosecutor's comments made during closing argument in Cunningham's jury trial for conspiracy to manufacture and manufacture and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. The United States contends that the prosecutor's statement made during closing argument that Cunningham did not pay taxes on money…