Whitney

MEMORANDUM **

Defendant Leevon Donell Whitney appeals his conviction for aiding and abetting an armed bank robbery and aiding and abetting the use of a firearm in a crime of violence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The Prosecutor’s Rebuttal Statement

Whitney contends that reference in the prosecutor’s rebuttal argument to Whitney’s failure to provide an adequate alibi as evidence of his involvement in the crime violated his right to remain silent during trial. Because Whitney’s attorney did not object at trial to the prosecution’s closing argument, a “plain error” standard of review applies. United States v. Jones, 84 F.3d 1206,1211 (9th Cir.1996) (applying plain error standard when defendant failed to object to closing argument). Plain error is “ ‘highly prejudicial error affecting substantial rights, and is found only in exceptional circumstances.’” Id. (quoting United States v. Williams, 990 F.2d 507, 510, 511 (9th Cir.1993)).

We find no plain error here. The prosecutor’s statements highlighted Whitney’s failure to counter the inculpatory testimony of the government’s witnesses. They did not rise to the level of comments on his failure to…