09-3479 U.S. v. Boling

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Criminal Procedure
Closing argument

The government’s repeated reference to the defendant as a “career offender” during closing argument does not entitle the defendant to a new trial.

“The government’s statements about Boling’s career offender status did not give rise to plain error. We note that the statements were part of a broader discussion of Boling’s past offenses—including the offenses that purportedly made Boling a career offender—and their relation to his credibility. The government had questioned Boling about each of these prior offenses during cross-examination in order to challenge his credibility. Boling does not claim these offenses were improperly admitted, nor does he contest the government’s use of these statements during closing argument. He argues only that the government’s utterance of the words ‘career offender’ deprived him of a fair trial. We disagree. The allowance of the words ‘career offender’ during closing argument was not a plain or obvious error. As used by the government, the term ‘career offender’ was little more than a restatement of the offenses that the government had already mentioned in closing argument. Nor did the allowance of the words ‘career offender’ affect Boling’s substantial rights or the fairness, integrity, or public reputation of the proceedings. Accordingly, we reject his argument for reversal.”

Affirmed.

09-3479 U.S. v. Boling

Appeal from the United States District Court for the Southern District of Illinois, Reagan, J., Kanne, J.

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