Rather than recite the facts of this extremely interesting case, I'll merely cut-and-paste the money quote from Judge Wardlaw's majority opinion (to which Judge Pregerson dissents):
"Once again, an Assistant United States Attorney for the
Southern District of California overstepped the boundaries of
permissible questioning and argument. We reluctantly affirm Flores’s conviction under the high bar of the plain error
standard."
Not exactly a ringing endorsement by the Ninth Circuit of the relevant office.
