The following excerpt is from Branch v. Cupp, 736 F.2d 533 (9th Cir. 1984):
Branch claims that his fifth amendment right to a fair trial was violated by the prosecutor's improper remarks in closing argument. See Kelly v. Stone, 514 F.2d 18 (9th Cir.1975). We disagree. When viewed in context, the prosecutor's statements were not prejudicial and did not result in a constitutional violation.
IV. Intent Instruction
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