U.S. v. ACOSTA

No. 18-5207/5212.

924 F.3d 288 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Jessica R. ACOSTA (18-5207); Luis R. Morales-Montanez (18-5212), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 15, 2019.


Attorney(s) appearing for the Case

ON BRIEF: Russell J. Baldani , BALDANI, ROWLAND & RICHARDSON, Lexington, Kentucky, for Appellant in 18-5207. Paul Neel , Louisville, Kentucky, for Appellant in 18-5212. Charles P. Wisdom, Jr. , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

BUSH, J., delivered the opinion of the court in which KETHLEDGE and WHITE, JJ., joined. WHITE, J. (pg. 309), delivered a separate concurring opinion in which KETHLEDGE, J., joined.


OPINION

A prosecutor "may strike hard blows" but "is not at liberty to strike foul ones." Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629, 79 S.Ct. 1314 (1935). The prosecutor crossed that line in this case.

A jury convicted Luis Morales-Montanez and Jessica...

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