Thing

United States v. Thing

Good Law
88 F. App'x 182
United States Court of Appeals for the Ninth CircuitFebruary 12, 2004No. 03-50253; D.C. No. CR-02-03254-IEGCalifornia1,424 words

Opinion

Lead Opinion

MEMORANDUM *

Veronica Thing appeals her conviction for 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) and the sentenced imposed by the district court. We affirm the conviction, but vacate the sentence and remand for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

Thing contends that reversal is warranted because, she alleges, the prosecutor in this case committed prosecutorial misconduct. Her failure to object to alleged misconduct limits our review to plain error. See United States v. Geston, 299 F.3d 1130, 1135 (9th Cir.2002). “[Bjefore an appellate court may address and correct an error not raised at trial several conditions must be satisfied: ‘There must be (1) error, (2) that is plain, and (3) that affects substantial rights.’ If all conditions are *184 met, an appellate court may then exercise its discretion to notice a forfeited error, but only if (4) the error ‘seriously affects the fairness, integrity, or public reputation of the judicial…

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