The following excerpt is from U.S. v. Glover, 83 F.3d 429 (9th Cir. 1996):
To successfully move for a new trial based on prosecutorial misconduct, a defendant must show that it is "more probable than not that the [prosecutorial] misconduct materially affected the verdict." United States v. Hinton, 31 F.3d 817, 824 (9th Cir.1994) (citing to United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987). Reversal will only be necessary if the alleged prosecutorial misconduct actually deprived the defendant of a fair trial. United States v. Yarbrough, 852 F.2d 1522, 1539 (9th Cir.1988), cert. denied, 488 U.S. 866, 109 S.Ct. 171, 102 L.Ed.2d 140 (1988). The prosecutor's alleged misconduct must be evaluated in the context of the entire trial. Id. We find significant and may defer to the trial court's view of the prosecutor's conduct. United States v. Sanchez-Robles, 927 F.2d 1070, 1077 (9th Cir.1991) (quotation omitted).
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