United States v. Jose Vasquez-Granados

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose VASQUEZ-GRANADOS, Defendant-Appellant. No. 93-50813. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 6, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jose Vasquez-Granados appeals his jury conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. Sec. 846 , and possession with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 841 (a)(1). Vasquez-Granados claims that the prosecutor's references during closing argument to inculpatory evidence not produced at trial constitute prosecutorial misconduct. We have jurisdiction under 28 U.S.C. Sec. 129 , and we affirm. 3 Absent objection at trial to prosecutorial misconduct, we review for plain error. United States v. Baker, 10 F.3d 1374, 1415 (9th Cir.1993). Reversal for plain error is warranted "solely in those…