Bensimon

MEMORANDUM *

Federal prisoner David Bensimon appeals his conviction and sentence, following a jury trial, for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), and conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Bensimon contends that his conviction should be reversed because the prosecutor made improperly prejudicial comments during closing argument. We reject the contention. Most of the comments about which Bensimon complains were either proper responses to arguments made by Bensimon’s trial counsel, United States v. Young, 470 U.S. 1, 12-13 , 105 S.Ct. 1038 , 84 L.Ed.2d 1 (1985), legitimate challenges to Bensimon’s failure to explain damaging inferences from the Government’s evidence, United States v. Mares, 940 F.2d 455, 461 (9th Cir. 1991), or reasonable inferences from the evidence presented at trial, United States v. Bracy, 67 F.3d 1421, 1431 (9th Cir. 1995). Even though a few of the prosecutor’s comments crossed the boundaries of propriety, the record fails to reflect prejudice that would warrant invalidating the conviction.…