Orgaz-Vega

United States v. Orgaz-Vega

Good Law
258 F. App'x 961
United States Court of Appeals for the Ninth CircuitDecember 11, 2007No. 06-50465California329 words

Opinion

Lead Opinion

MEMORANDUM **

Noe Orgaz-Vega appeals his conviction for being a deported alien found in the United States pursuant to 8 U.S.C. § 1326 .

Orgaz-Vega contends the district court erred in five ways with regard to the Prosecution’s closing arguments and testimony of the Orgazr-Vega’s parole officer. Some of the errors were objected to; others were not. The parties are familiar with the arguments and they need not be described in this memorandum.

“We review whether closing argument constitutes misconduct de novo.” United States v. Perlaza, 439 F.3d 1149, 1169, n. 22 (9th Cir.2006) (Although Perlaza cites Santiago, Santiago does not actually support the proposition). If the error is of constitutional magnitude, we must reverse unless the error was harmless beyond a reasonable doubt. Id. at 1171 . If the error is not of constitutional magnitude, we must reverse unless “it is more probable than not that the error did not materially affect the verdict.” United States v. Mitchell, 172 F.3d 1104, 1111 (9th Cir.1999). We conclude that even if the asserted errors were of a constitutional magnitude, they were harmless beyond a reasonable doubt.

Additionally, the prosecutor’s misstatement of…

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