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United States of America v. Matthew A. Turner

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ARGUED MARCH 28, 2011

Before KANNE, SYKES, and HAMILTON, Circuit Judges.

In January 2009, a jury convicted Matthew A. Turner for conspiracy to possess and distribute at least five kilograms of cocaine and at least fifty grams of crack cocaine, and for possession of a firearm in furtherance of a drug trafficking offense. Turner raises two issues on appeal, each for the first time. First, he contends that he was wrongfully deprived of his Sixth Amendment right to counsel of his choice when the district court disqualified his retained attorney from the case. Second, Turner complains that the prosecutor’s comments during closing argument invited the jury to draw an improper inference from the evidence and amounted to prosecutorial misconduct. We affirm. The district court did not plainly err by dis-qualifying Turner’s attorney for a conflict of interest or by allowing the prosecutor’s remarks, without objection, during closing argument.

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