Aleman
United States v. Aleman
Opinion
Lead Opinion
MEMORANDUM **
Carmen Georgina Aleman was convicted by a jury of one count of importation of marijuana in violation of 21 U.S.C. §§ 952 and 960, and one count of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced Aleman to eighteen months in custody. Aleman appeals the constitutionality of the drug statutes and whether the prosecutor made improper comments during rebuttal argument. We affirm. The government cross-appeals the downward adjustment for acceptance of responsibility. We reverse.
Constitutional Challenge
Aleman’s argument that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), renders § 841 and §§ 952 and 960 unconstitutional is foreclosed by United States v. Buckland, 289 F.3d 558 (9th Cir.2002) (en banc) and United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002).
Prosecutor’s Comments in Closing Arguments
Aleman asserts that, during rebuttal argument, the prosecutor improperly vouched by implying knowledge of inculpatory facts within a document that was not admitted into evidence. Specifically, Ale-man objects to the prosecutor’s statement: