Robinson

United States v. Robinson

Good Law
256 F. App'x 911
United States Court of Appeals for the Ninth CircuitNovember 15, 2007No. 06-50492California413 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Robinson appeals his conviction for distribution of a controlled substance and possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

There was impermissible vouching by reference to matters outside the record that bolstered the credibility of a government witness. See United States v. Roberts, 618 F.2d 530, 533 (9th Cir.1980). However, the vouching was harmless in light of the overwhelming evidence of Robinson’s guilt, as two Federal Bureau of Investigation agents, and audio and video recordings, corroborated the government witness’s testimony regarding Robinson’s narcotics transactions. See United States v. Williams, 989 F.2d 1061, 1072 (9th Cir.1993) (When reviewing for harmless error, “we must decide whether the conduct, considered in the context of the entire trial, affected the jury’s ability to judge the evidence fairly.”); see also United States v. Necoechea, 986 F.2d 1273, 1278 (9th Cir.1993).

Although there was no evidence that Robinson expressly waived his right to be present at the sidebar conferences during voir dire, this error…

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