Totten

MEMORANDUM **

Glenn Totten, Richard Keith Winters, and Marvin Walker appeal their convictions and sentences on multiple counts of telemarketing fraud, wire fraud, and aiding and abetting, following a jury trial. We affirm the convictions, and grant a limited remand on the sentences.

I

Totten (joined by Winters) argues that a mistrial should have been granted on account of the AUSA’s expressing his personal opinion about the truthfulness of Totten’s testimony, appealing to the jury’s passions by noting that the fraud was perpetrated against the elderly, shifting the burden to Totten, and asking Totten during cross-examination whether he understood that he was under oath. We see no abuse of discretion. United States v. Sayetsitty, 107 F.3d 1405, 1408 (9th Cir. 1997) (noting standard of review). Even if the AUSA’s use of “I think” was problematic, see United States v. Weatherspoon, 410 F.3d 1142 , 1147 n. 3 (9th Cir.2005),( it was not prejudicial. The case against Tot-ten was strong, the trial lasted several weeks, and the comments did not impermissibly invite the jury to draw inferences that were not well-founded in evidence adduced at trial. United States v. Williams, 989 F.2d…