Summary
rejecting defendant's argument that the "prosecutor improperly shifted the burden during closing argument by arguing to the jury that [defendant] could have played an audiotape that the government chose not to play for the jury" where the prosecutor's argument "was made to rebut defense insinuations that the government intentionally kept evidence away from the jury"
Summary of this case from United States v. JohnsonOpinion
No. 05-5694.
October 3, 2005.
Certiorari Granted — Vacated and Remanded
C.A. 6th Cir. Reported below: 389 F. 3d 631;
Motions of petitioners for leave to proceed in forma pauperis granted. Certiorari granted, judgments vacated, and cases remanded for further consideration in light of United States v. Booker, 543 U. S. 220 (2005).