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U.S. v. AGUILAR

No. 09-40658.

645 F.3d 319 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jaime AGUILAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 2011.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell , James Lee Turner, Asst. U.S. Attys., Houston, TX, Mark W. Patterson (argued), Corpus Christi, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Laura Fletcher Leavitt , Molly Estelle Odom (argued), Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before DAVIS, CLEMENT and ELROD, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

In this direct criminal appeal, Defendant-Appellant Jaime Aguilar was convicted following an adverse jury verdict of conspiracy to possess with intent to distribute over 100 kilograms of marijuana and possession with intent to distribute over 100 kilograms of marijuana. We conclude that the prosecutor's improper closing argument deprived Aguilar of a fair trial. We therefore vacate the conviction and remand for a new trial.

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