Dee

United States v. Dee

Good Law
319 F. App'x 578
United States Court of Appeals for the Ninth CircuitMarch 16, 2009No. 07-10525California1,448 words

Opinion

Lead Opinion

MEMORANDUM *

Clarence Dee appeals his conviction and sentence on two counts of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 and 2241(a). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

Dee alleges several instances of prosecu-torial misconduct. We review the district court’s response to an objection on the grounds of prosecutorial misconduct, including denial of a mistrial, for abuse of discretion. United States v. Mitchell, 502 F.3d 931, 970 (9th Cir.2007) (citing United States v. Steele, 298 F.3d 906, 910 (9th Cir.2002)). Dee has not met his burden of proving that the prosecutor’s conduct was improper or that the conduct prejudicially affected his substantial rights. See United States v. Yarbrough, 852 F.2d 1522, 1538 (9th Cir.1988); United States v. Daychild, 357 F.3d 1082, 1099 (9th Cir.2004) (defendant bears the burden of establishing pros-ecutorial misconduct).

The prosecutor’s limited references during trial to the victim as “the victim” do not rise to the level of prosecutorial misconduct. See, e.g., People of Territory of Guam v. Ignacio, 852 F.2d 459, 462 (9th Cir.1988) (finding no prejudicial error where prosecutor referred to the people of…

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