United States v. Isaac Gamble Kyle

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Isaac Gamble KYLE, Defendant-Appellant. No. 94-10538. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 15, 1995. Decided Oct. 4, 1995. 1 Before: D.W. NELSON, T.G. NELSON, Circuit Judges, and SAMUEL P. KING, * District Judge. 2 MEMORANDUM ** 3 Isaac Gamble Kyle appeals his convictions and sentence on firearms related offenses. We affirm. A. Prosecutorial Misconduct 4 Raye's testimony on direct examination concerning the "truthful testimony" provisions of his plea agreement was not improper. The defense challenged Raye's credibility during its opening statement. The Government's reference to Raye's plea agreement in response to this attack on Raye's credibility was proper. See United States v. Monroe, 943 F.2d 1007, 1013 (9th Cir.1991), cert. denied, 503 U.S. 971 (1992). 5 The only portions of the Government's closing argument which Kyle…