Rodriguez-Zapata

MEMORANDUM **

Francisco Rodriguez-Zapata appeals his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 and his sentence of seventy-months imprisonment with three years supervised release.

Rodriguez first contends that the district court unconstitutionally limited his cross-examination of a government witness. However, a district court’s limitation on cross-examination does not violate the Sixth Amendment’s confrontation clause unless it (1) limits relevant testimony and (2) prejudices the defendant. United States v. Rodriguez-Rodriguez, 393 F.3d 849, 856 (9th Cir.2005). Because the district court only excluded irrelevant testimony, it did not violate the Sixth Amendment.

Rodriguez next argues that the prosecutor improperly vouched during closing argument. A prosecutor improperly vouches during a closing argument if the prosecutor (a) “plae[es] the prestige of the government behind a witness through personal assurances of the witness’s veracity”; (b) “suggest[s] that information not presented to the jury supports the witness’s testimony”; or (c) “express[es] his [or her] personal opinion concerning the guilt of the accused.”…