The following excerpt is from U.S. v. Nobari, 574 F.3d 1065 (9th Cir. 2009):
"When the defendant objects to alleged prosecutorial misconduct, the standard of review is abuse of discretion." United States v. Steele, 298 F.3d 906, 910 (9th Cir.2002). We conclude that the defendants' objections here qualify as timely under Federal Rule of Criminal Procedure 51(b), so we will consider whether the district court abused its discretion in allowing the contested testimony and argument. Nevertheless, "establishing that there has been prosecutorial misconduct is not in and of itself sufficient to merit reversal" of the defendants' convictions. United States v. Blueford, 312 F.3d 962, 973 (9th Cir. 2002). Rather, we must consider whether any such misconduct was harmless. Id. We therefore apply harmless error analysis to the misconduct claim we address in this section, as well as to those claims we consider in subsequent sections, so long as the defendants entered a timely objection at trial.
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