United States v. Aguilar, No. 09-40658 (5th Cir. 2011)
Annotate this CaseDefendant was convicted of conspiracy to possess with intent to distribute and intent to distribute over 100 kilograms of marijuana. Defendant argued that the prosecutor improperly bolstered or vouched for the testimony of two Drug Enforcement Agency agents during the Government's direct examination of the agents and the Government's rebuttal closing argument. Defendant also argued that the district court committed plain error in allowing the examination and argument. The court held that the prosecutor's direct examination, considered in light of the context in which the examination was conducted, was not improper. The court held, however, that the prosecutor's rebuttal arguments were grossly improper and indistinguishable from similar arguments the court had found improper and the subject of repeated warnings. Therefore, the court held that the error was clear and obvious and, given the critical role of the credibility of the agents in the determination of defendant's guilt, the court found the error affected defendant's substantial rights. Accordingly, the court vacated the conviction and remanded for a new trial.
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