Vizcarra-Pardini

MEMORANDUM **

We affirm the district court’s ruling and decline to remand for resentencing given that the Appellant has served his sentence and has been deported.

Eddy Jacid Vizcarra-Pardini (“Vizcarra-Pardini”) appeals his conviction and sentence, after a jury trial, for importing marijuana and possessing marijuana with an intent to distribute, pursuant to 21 U.S.C. §§ 952 , 960 and 841(a)(1). At trial, Vizcarra-Pardini presented the defense that he was set up by his girlfriend and did not know that marijuana was hidden in her car when he attempted to drive it across the border. On appeal, Vizcarra-Pardini argues that the prosecutor committed misconduct by asking the jury to infer guilt from Vizcarra-Pardini’s failure to help government agents locate his girlfriend.

A prosecutor may not shift the burden of proof to the defendant. Houston v. Roe, 177 F.3d 901, 909 (9th Cir.1999). “Comments intended to highlight the weakness of a defendant’s case do not shift *727 the burden of proof to the defendant where the prosecutor does not argue that a failure to explain them adequately requires a guilty verdict and reiterates that the burden of proof is on the government.” United States…