Acosta

AMENDED MEMORANDUM **

Appellant was convicted by a jury on a multiple-count indictment involving a scheme to defraud the Department of Housing and Urban Development (HUD) by providing fraudulent home loan applications to HUD-endorsed lenders to secure the sale of several residential properties. He appeals his conviction advancing claims of prosecutorial misconduct. He also challenges the district court’s denial of a pro hac vice motion—filed by Alan Ellis, Esq., an attorney licensed only in Pennsylvania but living in California—to represent him at sentencing. We affirm appellant’s conviction but vacate his sentence and remand for resentencing.

Prosecutorial Misconduct Claims

Any evidentiary errors made by the prosecution during its examination of witnesses Gonzalez, Current, and Madrigal do not amount to reversible prosecutorial misconduct or vouching. See United States v. Meling, 47 F.3d 1546, 1558 (9th Cir.1995) (holding that inadmissible character evidence sought by the prosecution, standing alone, does not amount to prosecutorial misconduct, citing to United States v. Yarbrough, 852 F.2d 1522, 1539 (9th Cir. 1988)); United States v. Berry, 627 F.2d 193, 197-98 (9th…