U.S. v. MALONEY

No. 11-50311.

699 F.3d 1130 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. John R. MALONEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 14, 2012.


Attorney(s) appearing for the Case

John C. Lemon , San Diego, CA, for the Defendant-Appellant.

Bruce R. Castetter and Steve Miller (argued), Assistant U.S. Attorneys, for the Plaintiff-Appellee.

Opinion by Judge N.R. SMITH; Dissent by Judge GILMAN.


OPINION

N.R. SMITH, Circuit Judge:

John Maloney appeals his jury conviction and sentence for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

The district court did not abuse its discretion in denying the defense surrebuttal summation, because the prosecution's statements in rebuttal summation addressed the arguments made in defense...

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