At page 1053 Prohibiting prosecutor's individual impressions of evidence91 citing cases“a prosecutor has no business telling the jury his individual impressions of the evidence.”
- United States v. Don'tmix, No. 24-2687 (9th Cir. Apr. 11, 2025).unpublishedSee United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir. 1992) (“A prosecutor has no business telling the jury his individual impressions of the evidence.”).
- (HC) Armstrong v. Asuncion, No. 1:15-cv-01109 (E.D. Cal. Apr. 8, 2020). (A prosecutor has no business telling the 17 jury his individual impressions of the evidence.)
- United States v. Jonathan Cruz, 592 F. App'x 623 (9th Cir. 2015).unpublished (A prosecutor has no business telling the jury his individual impressions of the evidence. Because he is the sovereign's representative, the jury may be misled into thinking his conclusions have been validated by the go…)
- United States v. Weatherspoon, No. 03-10551 (9th Cir. June 12, 2005).published (A prosecutor has no business telling the jury his individual impressions of the evidence)
- United States v. Weatherspoon, No. 03-10551 (9th Cir. May 5, 2005).published (A prosecutor has no business telling the jury his individual impressions of the evidence)
- United States v. James Earl Matthews, 240 F.3d 806 (9th Cir. 2001).published (A prosecutor has no business telling the jury his individual impressions of the evidence.)
- UNITED STATES of Am., Plaintiff-Appellee, v. Conrado GARCIA-GUIZAR, Defendant-Appellant, 160 F.3d 511 (9th Cir. 1998).published (A prosecutor has no business telling the jury his individual impressions of the evidence. Because he is the sovereign's representative, the jury may be misled into thinking his conclusions have been validated by the go…)
- United States v. David Dominic Necoechea, 986 F.2d 1273 (9th Cir. 1993).published(I think he was very candid”; “I think he was honest.)
- United States v. Rhodes, No. 23-613 (9th Cir. Apr. 28, 2025).unpublishedBy so doing, the government attempted to displace the jury’s role of evaluating credibility and “ignored [its] special obligation to avoid improper suggestions and insinuations.” United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir. 1992).
- United States v. Istvan Kopacz, No. 22-10328 (9th Cir. June 12, 2024).unpublishedA prosecutor has a “special obligation to avoid improper suggestions and insinuations” and “has no business telling the jury his individual impressions of the evidence.” United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir. 1992).
Show 76 more citing cases
- United States v. Angel Rios-Edeza, No. 20-50292 (9th Cir. Apr. 28, 2023).unpublishedUnder that rule, it is well-established that “[a] prosecutor ‘has no business telling the jury his individual impression of the evidence.’” United States v. Ruiz, 710 F.3d 1077, 1085 (9th Cir. 2013) (quoting United States v. Kerr, 981 F.2d…
- Aker v. Attorney Gen. of the State of Montana, No. 6:17-cv-00086 (D. Mont. Aug. 22, 2022). Kerr, 981 F.2d at 1053 (internal quotation marks, citation, and brackets omitted) (quoting Roberts, 618 F.2d at 533 ).
- Solander (Janet) Vs. State, No. 76228 (Nev. July 1, 2020).publishedSee Browning v. State, 120 Nev. 347, 359 , 91 P.3d 39, 48 (2004) CThe prosecution may not vouch for a witness; such vouching occurs when the prosecution places 'the prestige of the government behind the witness by providing 'personal assur…
- Latorre (Jorge) Vs. State, No. 78411 (Nev. May 15, 2020).publishedSee Browning v. State, 120 Nev. 347, 359 , 91 P.3d 39, 48 (2004) ("The prosecution may not vouch for a witness; such vouching occurs when the prosecution places 'the prestige of the government behind the witness by providing 'personal assu…
- Chen (Jim) Vs. State, No. 77077 (Nev. Jan. 28, 2020).published"The prosecution may not vouch for a witness; such vouching occurs when the prosecution places 'the prestige of the government behind the witness by providing 'personal assurances of [the] witness's veracity."' Browning v. State, 120 Nev.…
- United States v. Sherri Davis, 863 F.3d 894 (D.C. Cir. 2017).publishedCf. United States v. Kerr, 981 F.2d 1050, 1053-54 (9th Cir. 1992).
- Bruce Senator v. Steven Sentman, 703 F. App'x 506 (9th Cir. 2017).unpublished (finding that the prosecutor improperly vouched by making statements such as “I think he [ ] was very eandid[,]” and “I think he was honest.)
- Dean Hale v. Kim Holland, 655 F. App'x 533 (9th Cir. 2016).unpublishedUnited States v. Kerr, 981 F.2d 1050, 1053-54 (9th Cir. 1992).
- United States v. Citlalli Flores, 802 F.3d 1028 (9th Cir. 2015).published Russ is experienced.” See United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir. 1992).
- United States v. Winston Bontrager, 610 F. App'x 665 (9th Cir. 2015).unpublishedSee United States v. Necoechea, 986 F.2d 1273, 1276 (9th Cir.1993) (“Vouching consists of placing the prestige of the government behind a witness through personal assurances of the witness’s veracity, or suggesting that information not pre…
- United States v. Martin Alcantara-Castillo, 788 F.3d 1186 (9th Cir. 2015).published See, e.g., United States v. Ruiz, 710 F.3d 1077, 1082 (9th Cir.), cert. denied, - U.S. -, 134 S.Ct. 488 , 187 L.Ed.2d 330 (2013); United States v. Wright, 625 F.3d 583, 609-10, 613 (9th Cir.2010); United States v. Younger, 398 F.3d 1179, 1…
- United States v. Raymond Ruiz, Jr., 710 F.3d 1077 (9th Cir. 2013).published Ruiz argues that the prosecutor improperly commented on the strength of the evidence by describing it as “overwhelming” on five separate occasions, suggesting that the case was “not rocket science,” and stating that Ruiz’s theory of defens…
- United States v. Wilkes, 662 F.3d 524 (9th Cir. 2011).published(A prosecutor has no business telling the jury his individual impressions of the evidence.)
- United States v. Delgado, 631 F.3d 685 (5th Cir. 2011).published See United States v. Carter, 236 F.3d 777, 787 (6th Cir.2001) (holding that the court’s general charge that the lawyers’ arguments are not evidence did not cure the prejudice caused by the prosecutor’s improper remark because “it was made…
- Schauer v. McKee, 662 F. Supp. 2d 864 (E.D. Mich. 2009).publishedGenerally, improper vouching involves either blunt comments, United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir.1992), or comments that imply that the prosecutor has special knowledge of facts not in front of the jury or of the credibilit…
- United States v. Edwards, 581 F.3d 604 (7th Cir. 2009).published See United States v. Carroll, 26 F.3d 1380, 1389 (6th Cir.1994); United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir.1992); United States v. Francis, 170 F.3d 546, 550-51 (6th Cir.1999).
- United States v. Henry, 545 F.3d 367 (6th Cir. 2008).publishedId. at 550 ; see also United States v. Bess, 593 F.2d 749, 756 (6th Cir.1979) (explaining that statements of clear personal belief are improper even when based on testimony advanced at trial, and are “unequivocally condemned”); United Stat…
- United States v. Urie, 183 F. App'x 608 (9th Cir. 2006).unpublished United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir.1992).
- United States v. Perez-Zazueta, 180 F. App'x 675 (9th Cir. 2006).unpublishedBecause he is the sovereign’s representative, the jury may be misled into thinking his conclusions have been validated by the government’s investigatory apparatus.” United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir.1992).
- United States v. Kendrick Weatherspoon, 410 F.3d 1142 (9th Cir. 2005).published At trial Harris sought to explain that statement away by suggesting that it was attributable to confusion on his part as to the meaning of the word "day." 2 Both of the other elements necessary for conviction on the charged offense—Weather…
- United States v. Green, 119 F. App'x 133 (9th Cir. 2004).unpublishedHe’s gonna risk his job, risk his pension, risk his career for perjury, to come in here and lie? ...” These statements constitute improper vouching because the AUSA “deliberately introduced into the case his personal opinion of the witness…
- United States v. Diaz, 190 F.3d 1247 (11th Cir. 1999).published
- United States v. Diaz, 190 F.3d 1247 (11th Cir. 1999).published
- United States v. Wright, 625 F.3d 583 (9th Cir. 2010).published
- United States v. Doss, 630 F.3d 1181 (9th Cir. 2011).published
- United States v. Jearold Kenneth Williams, United States of Am. v. George Allen, 989 F.2d 1061 (9th Cir. 1993).published
- United States v. Frederick Narcho, Jr., AKA Fred Narcho, Jr., 993 F.2d 886 (9th Cir. 1993).unpublished
- United States v. Trina Devay Harper, 2 F.3d 1158 (9th Cir. 1993).unpublished
- United States v. James Neal Lewis, United States of Am. v. Ira Lee Dickerson, 10 F.3d 1086 (4th Cir. 1993).published
- United States v. Willie S. Magee, United States of Am. v. Gerry McCrary Also Known as G-Man, United States of Am. v. William Friends, Also Known as Bill, Willie, 19 F.3d 417 (8th Cir. 1994).published
- Shawn N. Bisby v. Carl Zenon, Superintendent, Oregon State Corr. Inst., 19 F.3d 1439 (9th Cir. 1994).unpublished
- United States v. Ariel Escobedo, A/K/A Ariel Joquin, A/K/A Ignacio Hernandez, 19 F.3d 1441 (9th Cir. 1994).unpublished
- United States v. Kevin Williams, 28 F.3d 110 (9th Cir. 1994).unpublished
- United States v. Thadeus Randolph Risher, 32 F.3d 573 (9th Cir. 1994).unpublished
- United States v. Tom Minh Trinh, Also Known as Tu Nguyen, United States of Am. v. Phu Chi Truong, 60 F.3d 835 (9th Cir. 1995).published
- United States v. Keith A. Harris, 65 F.3d 177 (9th Cir. 1995).unpublished
- UNITED STATES of Am., Plaintiff-Appellee, v. Louise Han PEREZ; Joseph E. Perez; & John Velasco Cruz, Defendants-Appellants, 67 F.3d 1371 (9th Cir. 1995).published
- UNITED STATES of Am., Plaintiff-Appellee, v. Maria Leticia Ruiz DE CRUZ, Defendant-Appellant, 82 F.3d 856 (9th Cir. 1996).published
- United States v. Larry v. Fox, 91 F.3d 135 (4th Cir. 1996).unpublished
- 96 Cal. Daily Op. Serv. 6492, 96 Daily Journal D.A.R. 12,115 United States of Am. v. Stephen Wayne Atcheson, United States of Am. v. Mark Edward McGrath, 94 F.3d 1237 (9th Cir. 1996).published
- United States v. Steve Rudberg, 122 F.3d 1199 (9th Cir. 1997).published
- United States v. Lewis Francis (97-1129) & Louay Francis (97-1130), 170 F.3d 546 (6th Cir. 1999).published
- UNITED STATES of Am., Plaintiff-Appellee, v. Charles J. SANCHEZ, Jr., Defendant-Appellant, 176 F.3d 1214 (9th Cir. 1999).published
- 99 Cal. Daily Op. Serv. 3734, 1999 Daily Journal D.A.R. 4779 United States of Am. v. Francisco Leon-Reyes, United States of Am. v. Francisco Leon-Reyes, 177 F.3d 816 (9th Cir. 1999).published
- John W. Byrd, Jr. v. Terry L. Collins, Warden, 209 F.3d 486 (6th Cir. 2000).published
- United States v. Catherine Papajohn, 212 F.3d 1112 (8th Cir. 2000).published
- John W. Byrd, Jr. v. Terry L. Collins, Warden, 227 F.3d 756 (6th Cir. 2000).published
- United States v. Roquel Allen Carter, 236 F.3d 777 (6th Cir. 2001).published
- United States v. Mark White, 241 F.3d 1015 (8th Cir. 2001).published
- United States v. Robert Hermanek, United States of Am. v. Robert Rutherford, United States of Am., Plaintiff-Appellee-Cross-Appellant v. Anthony Flowers, Defendant-Appellant-Cross-Appellee. United States of Am. v. Sheldon Johnson, United States of Am. v. Jerry Fiorillo, 289 F.3d 1076 (9th Cir. 2002).published
- In Re John W. Byrd, Jr, 297 F.3d 520 (6th Cir. 2002).published
- United States v. Michael H. Boulware, 470 F.3d 931 (9th Cir. 2006).published
- United States v. Edward Stamper, 507 F. App'x 723 (9th Cir. 2013).unpublished
- United States v. Fox, No. 94-6710 (4th Cir. June 28, 1996).unpublished
- Bible v. Schriro, 497 F. Supp. 2d 991 (D. Ariz. 2007).published
- State v. Patterson, 577 N.W.2d 494 (Minn. 1998).published
- Browning v. State, 91 P.3d 39 (Nev. 2004).published
- United States v. Ted Severeid, 609 F. App'x 931 (9th Cir. 2015).unpublished
- United States v. Beard, 318 F. App'x 323 (6th Cir. 2008).unpublished
- United States v. Catherine Papajohn, No. 99-3417 (8th Cir. May 9, 2000).published
- United States v. Williams, 375 F. App'x 682 (9th Cir. 2010).unpublished
- United States v. Demetrius Joiner, No. 16-6833 (6th Cir. Mar. 8, 2018).unpublished
- State v. Thompson, 2014 UT App 14, 318 P.3d 1221.published
- United States v. Magee, 19 F.3d 417 (8th Cir. 1994).published
- United States v. Atcheson, 94 F.3d 1237 (9th Cir. 1996).published
- United States v. Leon-Reyes, 177 F.3d 816 (9th Cir. 1999).published
- United States v. Matthews, 226 F.3d 1075 (9th Cir. 2000).published
- United States v. Hermanek, 289 F.3d 1076 (9th Cir. 2002).published
- Peyer v. Duncan, 8 F. App'x 791 (9th Cir. 2001).unpublished
- United States v. Iron, 13 F. App'x 630 (9th Cir. 2001).unpublished
- United States v. Livingston, 21 F. App'x 564 (9th Cir. 2001).unpublished
- United States v. Leon-Gonzalez, 24 F. App'x 689 (9th Cir. 2001).unpublished
- United States v. Lewis, 69 F. App'x 748 (6th Cir. 2003).unpublished
- Harington v. Ignacio, 106 F. App'x 570 (9th Cir. 2004).unpublished
- United States v. Steven G. Rosser, No. 22-3887 (6th Cir. June 20, 2023).unpublished
- Rodriguez v. Morris, No. 2:19-cv-04957 (D. Ariz. May 18, 2021).
At page 1054 Examining prosecutorial vouching and curative instructions22 citing cases“they did not mention the specific statements of the prosecutor and were not given immediately after the damage was done”
- United States v. Don'tmix, No. 24-2687 (9th Cir. Apr. 11, 2025).unpublished(A prosecutor has no business telling the jury his individual impressions of the evidence.)
- United States v. Weatherspoon, No. 03-10551 (9th Cir. June 12, 2005).published But even when grounded in an inference from the evi- dence, a prosecutorial statement may nevertheless be consid- ered impermissible vouching if it “place[s] the prestige of the government behind the witness” by providing “personal assuran…
- United States v. Weatherspoon, No. 03-10551 (9th Cir. May 5, 2005).published But even when grounded in an inference from the evi- dence, a prosecutorial statement may nevertheless be consid- ered impermissible vouching if it “place[s] the prestige of the government behind the witness” by providing “personal assuran…
- UNITED STATES of Am., Plaintiff-Appellee, v. Conrado GARCIA-GUIZAR, Defendant-Appellant, 160 F.3d 511 (9th Cir. 1998).published See, e.g., Kerr, 981 F.2d at 1053 ("A prosecutor has no business telling the jury his individual impressions of the evidence.
- UNITED STATES of Am., Plaintiff-Appellee, v. Keith Wayne FREDERICK, Defendant-Appellant, 78 F.3d 1370 (9th Cir. 1996).published ([W]e find that the repeated instances of prosecutorial vouching affected the jury’s verdict____ [and w]e reverse for plain error.)
- United States v. Vincent Garcia, No. 22-10291 (9th Cir. Jan. 28, 2025).unpublishedWhile we have suggested that curative instructions must be given soon after evidence was introduced, see United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir. 1992), here the delay was caused by Jasso.
- Graduation Solutions LLC v. Acadima, LLC, No. 3:17-cv-01342 (D. Conn. Mar. 26, 2020).Loukaides cites United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir. 1992).
- Stephen Deck v. Mack Jenkins, No. 13-55130 (9th Cir. Feb. 9, 2016).publishedThat the trial court did not issue a correction before the verdict was returned weighs in favor of finding a constitutional violation, because, as we have recognized, improper prosecutorial statements cannot be neutralized by instructions…
- United States v. Linda Mai, 615 F. App'x 416 (9th Cir. 2015).unpublishedUnited States v. Weatherspoon, 410 F.3d 1142, 1151 (9th Cir.2005) (quoting United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir.1992)) (finding plain error because general curative instructions were insufficient).
- Deck v. Jenkins, 814 F.3d 954 (9th Cir. 2014).publishedThat the trial court did not issue a correction before the verdict was returned weighs in favor of finding a constitutional violation, because, as we have recognized, improper prosecutorial statements cannot be neutralized by instructions…
Show 12 more citing cases
- United States v. Nancy Mageno, 762 F.3d 933 (9th Cir. 2014).published See United States v. Combs, 379 F.3d 564, 575 (9th Cir. 2004); United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir. 1992). “[T]he standard 12 Our dissenting colleague distorts this analysis by applying the Jackson v. Virginia standard for…
- United States v. Timothy Gaines, 575 F. App'x 791 (9th Cir. 2014).unpublishedThe improper statement was not “crucial to the government’s case.” United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir.1992); see also Carrillo, 16 F.3d at 1051 (declining to find prejudice where “the jury heard independent and far more pe…
- United States v. Hornback, 73 M.J. 155 (C.A.A.F. 2014).published Moore v. Morton, 255 F.3d 95, 119-20 (3d Cir.2001); United States v. Weatherspoon, 410 F.3d 1142, 1152 (9th Cir.2005); United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir.1992); United States v. Simtob, 901 F.2d 799, 806 (9th Cir.1990); Un…
- United States v. Sanchez, 659 F.3d 1252 (9th Cir. 2011).published We have held that curative instructions fail to “neutralize the harm” of improper statements by a prosecutor when “ ‘[t]hey [do] not mention the specific statements of the prosecutor and [are] not given immediately after the damage [is] do…
- United States v. Alvaro Murillo, 442 F. App'x 277 (9th Cir. 2011).unpublishedUnited States v. Frederick, 78 F.Sd 1370, 1378-79 (9th Cir.1996) (quoting United States v. Kerr, 981 F.2d 1050, 1054 (9th Cir.1992)).
- United States v. Urie, 183 F. App'x 608 (9th Cir. 2006).unpublished United States v. Kerr, 981 F.2d 1050, 1053 (9th Cir.1992).
- United States v. Kendrick Weatherspoon, 410 F.3d 1142 (9th Cir. 2005).published At trial Harris sought to explain that statement away by suggesting that it was attributable to confusion on his part as to the meaning of the word "day." 2 Both of the other elements necessary for conviction on the charged offense—Weather…
- United States v. Trina Devay Harper, 2 F.3d 1158 (9th Cir. 1993).unpublished
- United States v. Tom Minh Trinh, Also Known as Tu Nguyen, United States of Am. v. Phu Chi Truong, 60 F.3d 835 (9th Cir. 1995).published
- United States v. Roquel Allen Carter, 236 F.3d 777 (6th Cir. 2001).published
- United States v. Jack Alan Geston, United States of Am. v. Jack Alan Geston, 299 F.3d 1130 (9th Cir. 2002).published
- United States v. Dale Roy Combs, 379 F.3d 564 (9th Cir. 2004).published
At page 1052 Admissibility of similar acts and Jencks Act compliance12 citing casesstating that tangential evidence is not material because it is insufficient to cast doubt on the ultimate result reached
- Untitled California Attorney Gen. Opinion, No. 22-701 (Cal. Att'y Gen. Aug. 24, 2023).published(grand jury testimony was immaterial under Brady)
- Jonathan Gentry v. Stephen Sinclair, No. 09-99021 (9th Cir. Jan. 15, 2013).published(stating that tangential evidence is not material because it is insufficient to cast doubt on the ultimate result reached)
- Gentry v. Sinclair, 705 F.3d 884 (9th Cir. 2012).published(stating that tangential evidence is not material because it is insufficient to cast doubt on the ultimate result reached)
- Jonathan Gentry v. Stephen Sinclair, 693 F.3d 867 (9th Cir. 2012).published(stating that tangential evidence is not material because it is insufficient to cast doubt on the ultimate result reached)
- United States v. Gracia, 522 F.3d 597 (5th Cir. 2008).publishedThis misconduct is especially prejudicial in this case given the extent to which the jury’s determination as to [the defendant’s] guilt or innocence hinged almost entirely on the credibility of [the defendant] and [the government’s witness…
- David Schauer v. Kenneth McKee, 401 F. App'x 97 (6th Cir. 2010).unpublished
- United States v. Darrell H. Stanfield, 14 F.3d 603 (6th Cir. 1993).published
- United States v. Juan Paul Robertson, United States of Am. v. Juan Paul Robertson, 15 F.3d 862 (9th Cir. 1994).published
- United States v. Maleek James, 494 F. App'x 745 (9th Cir. 2012).unpublished
- Singh v. Lyday, 889 N.E.2d 342 (Ind. Ct. App. 2008).published
Show 2 more citing cases
- United States v. Turner, 39 M.J. 259 (1994).published
- United States v. Johnson, 978 F. Supp. 1410 (D. Kan. 1997).published
At page 1051 cited at this page1 citing case
- United States v. Martin Alcantara-Castillo, 788 F.3d 1186 (9th Cir. 2015).published See, e.g., United States v. Ruiz, 710 F.3d 1077, 1082 (9th Cir.), cert. denied, - U.S. -, 134 S.Ct. 488 , 187 L.Ed.2d 330 (2013); United States v. Wright, 625 F.3d 583, 609-10, 613 (9th Cir.2010); United States v. Younger, 398 F.3d 1179, 1…
v.
Jay KERR, Defendant-Appellant
We have said it before and we shall have to say it again: a prosecuting attorney may not and should not vouch for witnesses. Jay Kerr appeals his conviction for conspiracy to distribute cocaine. We find that prosecutorial misconduct throughout his trial affected the jury’s verdict and we reverse.
I.
An informant alerted the FBI about an ongoing scheme to smuggle drugs from Southern California into Billings, Montana. The investigation turned up a multi-layered conspiracy with many participants. Kerr, an actor who has appeared in Disney movies and a soap opera, was named as one of the California suppliers. Along with two others, he was indicted on nine counts of conspiring to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846, and 18 U.S.C. § 2. Several other suspects, including Jacobson, Rider, Ludden and Butler, pled guilty and testified against Kerr at his trial. A jury subsequently convicted him on all nine counts.
Kerr appeals on several grounds. First, he argues that the district court erred by admitting similar acts evidence in violation of Fed.R.Evid. 404(b). Next, he alleges that the government withheld favorable evidence. Third, he contends that prosecuto-rial misconduct, including vouching for government witnesses, referring to evidence outside the record and use of a confidential pretrial services report, affected the jury’s verdict.
[*1052] II.
The district court allowed testimony that Kerr possessed a small amount of cocaine when he was arrested. The court also permitted testimony describing his pending indictment for cocaine possession. Kerr argues that this evidence was highly prejudicial because it concerned events too remote in time from the alleged offense. Authorities arrested him in 1990 but the government charged a conspiracy between 1987 and 1988.
Admission of similar acts evidence under Fed.R.Evid. 404(b) is reviewed for an abuse of discretion. United States v. Hill, 958 F.2d 452, 455 (9th Cir.1991). We find no error. Defense counsel said during opening statement that Kerr possessed cocaine at the time of arrest. If the defendant introduces similar acts evidence first, the government may step through the “open door.” United States v. Segal, 852 F.2d 1152, 1155 (9th Cir.1988). Furthermore, the district court properly instructed the jury that this evidence could be considered only as to Kerr’s motive and/or intent and for no other purpose.
We also find no error in the government’s withholding of evidence. Kerr complains that the prosecutor delayed in turning over FBI debriefing statements and grand jury testimony of key witnesses. He also contends that the government improperly withheld Butler’s personal notebook.
After a prosecution witness testifies, the Jencks Act requires that the government produce any “statements” made by the witness in its possession that relate to the subject matter of the trial testimony. See 18 U.S.C. § 3500; United States v. Pisello, 877 F.2d 762, 768 (9th Cir.1989). The government turned over the FBI statements on the second day of trial. After Rider’s direct examination, the defense demanded production of some portions that had been deleted. Upon the district court’s order, the government released the deleted portions. Nearly all of Rider’s grand jury testimony was turned over as well, except for portions regarding an unrelated homicide.
Kerr does not explain how earlier access to these materials would have affected the outcome of his trial. The information described a possible source of the cocaine. The government never charged that Kerr was the sole supplier and therefore the information was not critical to defense counsel’s attempt to impeach the prosecution witnesses. Kerr fails to demonstrate prejudice affecting substantial rights. See United States v. Claiborne, 765 F.2d 784, 801 (9th Cir.1985), cert. denied, 475 U.S. 1120, 106 S.Ct. 1636, 90 L.Ed.2d 182 (1986).
Having found that the government complied with the Jencks Act, we must also consider whether it met its obligations under Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1197, 10 L.Ed.2d 215 (1963), to surrender favorable evidence that is “material either to guilt or to punishment.” Evidence is material only if “there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3383, 87 L.Ed.2d 481 (1985).
As we have said, the grand jury testimony, FBI debriefing statements and Butler’s notebook were not material evidence. They described a possible source of Kerr’s cocaine, an unrelated homicide and other tangential matters. None of this information would cast serious doubt on the charges Kerr faced.
III.
We now turn to the more troubling aspect of this case: the allegations of pros-ecutorial misconduct. During his closing argument, the United States attorney made these remarks:
MR. SEYKORA: “Very frankly, ladies and gentlemen, it is very seldom you get four people, the government was lucky enough to, to have hand-to-hand deals with the defendant like they did here. So it is going to come down to your judging the credibility of each one of those four individuals. Were they hoodwinking [DEA Agent] Mr. Zarndt when I sat there on part of the interviews, were they hoodwinking me, were they hood[*1053] winking the Court, when the Court accepts their plea agreements when they agreed to cooperate?”
MR. O’DONNELL: “I object to him putting you in this, Judge. You don’t belong.”
THE COURT: “All right. Sustained. I agree.”
In addition to this exchange, the transcript also reveals other instances of vouching for government witnesses that went unchallenged:
“I think he (Jim Ludden) was very candid.”
“I don’t think it was a pat story, because there are variations.”
“I think he (A1 Butler) was candid. I think he was honest.”
“A1 Butler was candid with you folks.” “The question is, were they hoodwinking you when they testified? I think not.”
We review the remarks made in closing argument for harmless error. Because Kerr failed to object to the other instances of vouching, we examine the context of the entire record to determine whether there was plain error. See United States v. Wallace, 848 F.2d 1464, 1473 (9th Cir.1988).
In trying to bolster a witness’s credibility, a prosecutor may not overstep the bounds of propriety and fairness. Improper vouching occurs when the prosecutor places “the prestige of the government behind the witness” by providing “personal assurances of [the] witness’s veracity.” United States v. Roberts, 618 F.2d 530, 533 (9th Cir.1980), cert. denied, 452 U.S. 942, 101 S.Ct. 3088, 69 L.Ed.2d 957 (1981).
Here, an experienced United States attorney deliberately introduced into the case his personal opinion of the witnesses’ credibility. He repeatedly ignored his special obligation to avoid improper suggestions and insinuations. A prosecutor has no business telling the jury his individual impressions of the evidence. Because he is the sovereign’s representative, the jury may be misled into thinking his conclusions have been validated by the government’s investigatory apparatus.
The argument that these remarks merely “righted the scale” and were invited responses to statements made by Kerr’s counsel is not persuasive. Any attacks on the credibility of the government witnesses were legitimate tools of advocacy and did not, standing alone, justify such a response. See United States v. Smith, 962 F.2d 923, 934 (9th Cir.1992).
The Assistant United States Attorney added fuel to the fire by suggesting in his closing remarks that the district court, in accepting the plea agreements of the witnesses, had been satisfied as to the truthfulness of their proposed testimony. A prosecutor must not abuse his position and his duty to see justice done by invoking the authority of the court. “That particular form of vouching goes beyond the mere proffer of an institutional warranty of truthfulness; rather, it casts the court as an active, albeit silent, partner in the prose-cutorial enterprise.” Id. at 936.
To determine whether the prosecutor’s misconduct affected the jury’s verdict, we look first to the substance of a curative instruction. See United States v. Simtob, 901 F.2d 799, 806 (9th Cir.1990). Judge Shanstrom’s instructions to the jury were general rather than specific. He reminded the jurors that they “are the sole judges of the credibility of the witnesses,” along with providing other routine directions for evaluating testimony.
In Simtob, we held that more substantial measures are needed to address the crisis situation caused by prejudicial prosecutorial remarks. There, the prosecutor overstepped his bounds by offering to immunize a witness in open court, portraying the government as a guarantor of the testimony’s truthfulness. Id. at 805. The trial judge gave only general advice to the jury that they, alone, were to determine the witnesses’ credibility. We observed that “it is very doubtful that the generalized observations of the court really conveyed a sufficient sense of judicial disapproval of both content and circumstances needed to dispell [sic] the harm in the core of the prosecutor’s statements.” Id. at 806.
[*1054] Similarly, we find that instructions given here did not neutralize the harm. They did not mention the specific statements of the prosecutor and were not given immediately after the damage was done. A trial judge should be alert to deviations from proper argument and take prompt corrective action as appropriate. Roberts, 618 F.2d at 534. We do not mean to excuse Kerr’s trial counsel for his failure to object throughout the course of trial. Admonitions should have been requested, for the benefit of the jury and to prevent an overzealous attorney from committing prosecu-torial overkill.
In addition to the content of curative instructions, we must also examine the closeness of the case. United States v. Sanchez, 944 F.2d 497, 499 (9th Cir.1991). Here, the testimony of the four “vouched” witnesses was crucial to the government’s case and the prosecutor’s argument. Only indirect evidence connected Kerr to the conspiracy. The government introduced telephone and travel records corroborating that some of the witnesses had communicated with Kerr. This did not, however, independently prove any wrongdoing. The government’s theory of the case depended on the detailed testimony of Kerr’s alleged coconspirators. As the prosecutor said in closing argument, the outcome was “going to come down to your judging the credibility of each one of those four individuals.”
Because of the closeness of the case and the ineffective admonitions, we find that the repeated instances of prosecutorial vouching affected the jury’s verdict. Kerr’s other claims of prosecutorial misconduct need not be addressed. [1] We reverse for plain error.
REVERSED.
. Among other things, Kerr objects to the prosecutor’s use of a confidential pretrial services report. Pretrial services information "is not admissible on the issue of guilt in a criminal judicial proceeding." 18 U.S.C. § 3153(c)(3). We note, however, that courts have ruled that such information may be used to impeach a defendant. See United States v. Stevens, 935 F.2d 1380, 1395 (3d Cir.1991); United States v. Wilson, 930 F.2d 616, 619 (8th Cir.), cert. denied, — U.S. -, 112 S.Ct. 208, 116 L.Ed.2d 167 (1991).