U.S. v. Tucker

Federal 7th Circuit Court
Criminal Court
Prosecutorial Misconduct
Case Number: 
No. 12-1281
Decision Date: 
April 30, 2013
Federal District: 
E.D. Wisc.
In prosecution on drug conspiracy charge, defendant was not denied fair trial even though prosecutor improperly stated during closing argument that: (1) nine of defendant’s co-conspirators, who testified during trial, gave prior consistent statements, where no such statements were in record; and (2) Dist. Ct. played some role in vouching for plea agreements of said co-conspirators. Neither statement warranted reversal of defendant’s conviction under plain error standard since: (1) plain error standard requires obvious showing that mistrial was necessary; (2) defendant failed to establish that either statement prevented jury from evaluating evidence in fair manner; and (3) record contained overwhelming evidence of defendant’s participation in scheme to sell and distribute large quantity of drugs.