9th Cir.;
13-50516

The court of appeals affirmed in part and vacated in part judgments of conviction and sentence. The court held that the prosecutor improperly urged the jury to convict defendants in order to protect their community from crime, but the remarks were not prejudicial.

Jesus Barragan, Pablo Franco, Francisco Gutierrez, and Hector Fernandez were tried before a jury on charges, among others, of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). In his closing argument, the prosecutor urged the jurors that it was time to “put an end” to the defendants' crime spree. In referencing the defendants' alleged crimes, the prosecutor repeatedly stated that “enough is enough,” and “it is time to put an end to that.” The trial court overruled defense counsels' objections and denied defendants' motion for a mistrial.