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U.S. v. KERR

No. 91-30345.

981 F.2d 1050 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jay KERR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1992.

Attorney(s) appearing for the Case

David Z. Chesnoff, Goodman & Chesnoff, Las Vegas, NV, for defendant-appellant.

James E. Seykora, Asst. U.S. Atty., Billings, MT, for plaintiff-appellee.

Before: WRIGHT, HUG and POOLE, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge.

We have said it before and we shall have to say it again: a prosecuting attorney may not and should not vouch for witnesses. Jay Kerr appeals his conviction for conspiracy to distribute cocaine. We find that prosecutorial misconduct throughout his trial affected the jury's verdict and we reverse.

I.

An informant alerted the FBI about an ongoing scheme to smuggle drugs from Southern California into Billings, Montana...

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