Lagunas-Contreras

MEMORANDUM **

Jesus Lagunas-Contreras appeals his conviction and 27-month sentence imposed following a jury trial for importation and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), 952 and 960. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Lagunas-Contreras contends that the district court erred by failing to grant his motion for a new trial based on the jury’s receiving two documents not admitted into evidence. After reviewing the entire record, we find no error in the district court’s determination that there was no reasonable possibility that the documents affected the verdict. See Dickson v. Sullivan, 849 F.2d 403, 405 (9th Cir.1988).

Lagunas-Contreras next contends that the government committed prosecutorial misconduct during its closing argument by shifting the burden of proof to a preponderance of the evidence standard. We review alleged prosecutorial misconduct for harmless error. United States v. Cabrera, 201 F.3d 1243, 1246 (9th Cir.2000). We conclude that the government permissibly argued that the jury could consider the reasonableness of Lagunas-Contreras’ testimony in light of the…