Lucatero-Campos

MEMORANDUM **

Oscar Guillermo Lucatero-Campos appeals his conviction following a jury trial for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). He also appeals the 30-month sentence imposed under 8 U.S.C. § 1326 (b)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lucatero-Campos first argues that prosecutorial misconduct impermissibly shifted the burden, thereby depriving him of the benefits of the reasonable doubt standard at trial. However, the Government did not shift the burden where it highlighted the weakness of LueateroCampos’s case, did not comment on Lucatero-Campos’s failure to testify, and expressly noted it bore the burden of proof. See United States v. Vaandering, 50 F.3d 696, 701-02 (9th Cir.1995).

Lucatero-Campos next argues that the district court erred in denying his request for a two-level downward adjustment for acceptance of responsibility. The determination of the district court is “entitled to great deference on review” because a “sentencing judge is in a unique position to evaluate a defendant’s acceptance of responsibility.” United States v. Cantrell, 433 F.3d 1269, 1284 (9th Cir. 2006) (citing U.S.S.G. § 3E1.1,…