United States v. Gomes, No. 09-1527 (1st Cir. 2011)
Annotate this CaseThe defendant was convicted of conspiracy to distribute cocaine base and distribution within 1,000 feet of a school and/or aiding and abetting the distribution. The First Circuit affirmed. The prosecution did not engage in improper witness vouching on cross-examination by eliciting a statement that the witness had no basis to doubt the testimony of another witness (a detective) and that it would be a serious matter for the detective to make a false report. A closing argument reference to the detective's testimony as candid and truthful could have been seen either as personal opinion or as urging the jury to make that conclusion, but the defense failed to object.
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