Diabate

MEMORANDUM ***

Yssouf Diabate (“Diabate”) appeals his jury conviction for one count of attempted export of defense articles without a license, in violation of 22 U.S.C. § 2778 (b)(2) and (c), and one count of smuggling goods from the United States, in violation of 18 U.S.C. § 554 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because Diabate did not object to the prosecutor’s closing argument, we review Diabate’s claim of prosecutorial misconduct for plain error. See United States v. Weatherspoon, 410 F.3d 1142, 1150-51 (9th Cir.2005). We reject Diabate’s contention that the prosecutor’s statements during closing argument “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” Donnelly v. DeChristoforo, 416 U.S. 637, 643 , 94 S.Ct. 1868 , 40 L.Ed.2d 431 (1974). Diabate does not challenge the reasonable doubt jury instruction, including its statement that reasonable doubt is “doubt based on reason and common sense.” The prosecutor merely rephrased this unob-jected-to instruction, inviting the jury to use its common sense and experience in making its determination. Indeed, the jury could not have drawn reasonable…