Wade

MEMORANDUM ***

The defendant, Elix Jermaine Wade, appeals the district court’s denial of his motion for new trial after his conviction for violation of 18 U.S.C. § 922 (g)(1). We affirm.

The defendant first argues that he should be entitled to a new trial based on alleged prosecutorial misconduct due to vouching, improper arguments and improper attacks by the prosecution on the defense counsel. This argument is unavailing. As to vouching, the prosecution did attempt to bolster the credibility of its witness, Officer Raymond Aparicio, but through argument and not improper vouching. U.S. v. Parker, 241 F.3d 1114, 1119-20 (9th Cir.2001). The prosecution did not suggest that there was additional information not available to the jury that supported Aparicio’s testimony. Id. The prosecution did not make improper arguments calculated to arouse the passions or prejudices of the jury. U.S. v. Leon-Reyes, 177 F.3d 816 , 822 (9th Cir.1999). Nor did the prosecution improperly attack the defense counsel such that the fairness of the trial was materially affected. U.S. v. Younger, 398 F.3d 1179, 1190 (9th Cir.2005). The district court, therefore, did not abuse its discretion in denying the…