Vasquez-Torres

MEMORANDUM **

Placido Vasquez-Torres appeals his conviction and sentence for violating 21 U.S.C. §§ 846 , 841(a)(1) and 18 U.S.C. § 924 (e)(l)(A)(i). We affirm.

I

In his closing argument, the prosecutor improperly vouched for the police officers who testified. See United States v. Weatherspoon, 410 F.3d 1142, 1146 (9th Cir.2005) (holding a prosecutor’s insistence “that the existence of legal and professional repercussions serve[] to ensure the credibility of the officers’ testimony ... [is] improper ... vouching based upon matters outside the record.”). Despite this error, the prosecutor’s actions did not ruin the fairness of the proceedings. The prosecutor’s remarks were “invited reply” to defense counsel’s statements during closing argument that the government’s witnesses committed perjury. See United States v. Sarkisian, 197 F.3d 966, 990 (9th Cir.1999). While this does not excuse the prosecutor’s impropriety, it lessens any prejudicial effect. Further, the trial judge provided a curative instruction in what was not a close case. See United States v. Combs, 379 F.3d 564, 575 (9th Cir.2004) (holding the court is to consider the closeness of the case to measure prejudice).…