Chasten

MEMORANDUM *

Ray Chasten appeals his conviction for wire fraud and interstate theft. The parties are familiar with the facts of the case, so we repeat them here only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the conviction.

Chasten contends that his conviction should be reversed because, during closing argument at trial, the prosecutor made statements that constituted prosecutorial misconduct and vouching. Because there were no objections made to the statements, we review for plain error. “A plain error must be clear and obvious, highly prejudicial and must affect substantial rights.” United States v. Siu Kuen Ma, 290 F.3d 1002, 1005 (9th Cir.2002) (citations and internal quotations omitted). Under the plain error standard, “we may reverse [the] conviction only if the prosecutor’s improper conduct so affected the jury’s ability to consider the totality of the evidence fairly that it tainted the verdict and deprived [the defendant] of a fair trial.” United States v. Smith, 962 F.2d 923, 935 (9th Cir.1992) (citations and internal quotations omitted).

A prosecutor is allowed during closing argument to argue “reasonable…