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UNITED STATES of America, Plaintiff-Appellee, v. Joe FIERRO-SOZA, Defendant-Appellant; UNITED STATES of America, Plaintiff-Appellee, v. Jesse FIERRO-SOZA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit1972-10-20No. Nos. 72-1699, 72-1617
467 F.2d 484

Authorities cited

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Opinion

majority opinion

PER CURIAM:

The judgment of conviction of Jesse Fierro-Soza is reversed, the record disclosing insufficient evidence of his possession of the marijuana. Upon remand, the indictment against this defendant will be dismissed.

The judgment of conviction of Joe Fi-erro-Soza is affirmed. The comments of the prosecutor in his closing argument did constitute misconduct, as the appellant contends. However, the corrective action by the trial court, combined with the very substantial evidence of the guilt of Joe Fierro-Soza, convince us that the misconduct was not prejudicial.