United States v. Frederico Moreno-Lopez
Opinion
Opinion
ORDER
The memorandum disposition filed on January 22, 2013 is hereby AMENDED. The clerk shall file the attached amended memorandum disposition.
With these amendments, Judges Ward-law and Paez have voted to deny the petition for panel rehearing, and Judge Reinhardt has voted to grant the petition.
The petition for panel rehearing is DENIED. The time to file any further petition for panel rehearing or rehearing en banc is extended to 14 days from the date of this order.
AMENDED MEMORANDUM
Frederico Armengor Moreno-Lopez appeals his jury conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Even assuming that the prosecutor misstated the evidence in his closing argument, we cannot say it is more probable than not that those misstatements materially affected the fairness of the trial. See United States v. Hermanek, 289 F.3d 1076, 1102 (2002). Agent Garcia testified that border patrol agents located footprints near the border, a border patrol camera surveillance team observed Moreno in an area one mile north of the border, and Agent Garcia had to search…