The following excerpt is from U.S. v. Wijegoonaratna, 922 F.3d 983 (9th Cir. 2019):
In reviewing alleged prosecutorial misconduct, we "focus[ ] on its asserted impropriety and substantial prejudicial effect." United States v. Weatherspoon , 410 F.3d 1142, 1145 (9th Cir. 2005). "We must ... determine at the outset whether the prosecutor made improper statements. ..." Id. "During closing argument, a prosecutor may do no more than comment on facts in evidence and make reasonable inferences based on the evidence." United States v. Hermanek , 289 F.3d 1076, 1101 (9th Cir. 2002).
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