United States v. Lascelle Nowel Bailey

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lascelle Nowel BAILEY, Defendant-Appellant. No. 93-50076. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 29, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Lascelle Nowel Bailey appeals his conviction, which followed a jury trial for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). Bailey argues that the prosecutor deprived him of a fair trial by improperly shifting the burden of proof during closing argument. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 "Prosecutorial comments to which defendant objects are reviewed for harmless error." United States v. Endicott, 803 F.2d 506, 513 (9th Cir.1986). "The prosecutor may comment on the defendant's failure to present exculpatory evidence, provided that the comments do not call attention…