Vidal-Noriega
United States v. Vidal-Noriega
Opinion
Lead Opinion
MEMORANDUM ***
Miguel Vidal-Noriega appeals a drug, conspiracy and money laundering conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Vidal-Noriega raises two issues on appeal: 1) whether the prosecutor’s reference to two wire-transfer exhibits excluded at trial “reasonably could have affected the jury’s verdict,” and 2) “whether the admission into evidence of 24 moneygrams without foundation as to whether and by whom they were received was [imjproper.” We address each concern in turn.
First, “we review claims of prosecutorial misconduct for harmless error when the defendant objects at trial.” United, States v. Washington, 462 F.3d 1124, 1135 (9th Cir.2006). The government admits that the prosecutor’s closing briefly referred to excluded wire-transfer exhibits. However, the judge found this “an honest mistake” and rectified it by instructing the jury to disregard the comment. See United States v. Davis, 932 F.2d 752, 761 (9th Cir.1991) (“Ordinarily[,] cautionary instructions are sufficient to cure the effects of improper comments.”).
Additionally, the evidence against Vidal-Noriega, including properly admitted wire- *720 transfer exhibits and the…