In what circumstances will a prosecutor be found guilty of making comments in his closing argument that the firearms were loaded?

In the absence of a timely objection by defense counsel, we review claims of prosecutorial misconduct in closing argument to determine whether the comments of the prosecutor rose to the level of plain error. United States v. Young, 470 U.S. 1, 14 (1985). Whether or not the firearms were loaded is not an element of any offense for which Byers was charged. Defense counsel, in his closing argument, repeatedly stressed that the firearms were not loaded. While the prosecutor did in fact mention on two occasions during his closing argument that the firearms were loaded, we are convinced that these statements do not arise to the level of plain error necessary to reverse Byers' conviction.