Perez-Gonzalez
United States v. Perez-Gonzalez
Opinion
Lead Opinion
*227 MEMORANDUM **
Perez-Gonzalez appeals from his conviction under 8 U.S.C. § 1826 and his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.
Perez-Gonzalez argues that the prosecutor committed misconduct in the closing argument by allegedly shifting the burden of proof and depriving Perez-Gonzalez of the reasonable doubt standard. We review for harmless error. United States v. Weatherspoon, 410 F.3d 1142, 1150 (9th Cir.2005). We have held that reasonable inferences that go beyond the actual evidence are permissible in closing arguments. See United States v. Bracy, 67 F.3d 1421, 1431 (9th Cir.1995). The record indicates that the prosecutor’s statements were reasonable inferences and rhetorical questions that did not shift the burden of proof. See also United States v. Quintana-Torres, 235 F.3d 1197, 1200 (9th Cir.2000) (“a reasonable juror may well infer that the alien had the intention to be here when the alien is discovered at any location in the country other than the border. Such a conclusion is not a presumption of law. It is circumstantial proof that is convincing unless explained away”). Since no prosecutorial misconduct…