United States v. Tam Minh Nguyen

MEMORANDUM *

Tam Minh Nguyen was convicted by a jury on four drug-related charges, including conspiracy to import ecstasy, importation with intent to distribute, and two counts of possession with intent to distribute. He appeals his conviction and sentence. We affirm.

First, the district court did not abuse its discretion in sustaining the government’s objection to defense counsel’s closing argument regarding the lack of fingerprint evidence. Although defense counsel could have properly argued “that the lack of fingerprint evidence weakened the government’s case” and supported a finding of reasonable doubt, it was improper for counsel to raise the issue in the context of an argument that “suggested] negative, speculative inferences about the reliability of police investigative practices.” United States v. Thompson, 37 F.3d 450, 454 (9th Cir.1994). Moreover, given that the defense was otherwise permitted to extensively argue its “lack of evidence” theory and the lack of fingerprint evidence was but one part of that broader argument, any claimed error in limiting counsel’s summation was harmless.

Second, there was neither prosecutorial misconduct nor any infringement of Nguyen’s…