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Name: U.S. v. Nobari et al.
Case #: 06-10465
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/24/2009

References to racial or ethnic groups as proof of the offense are improper and deprive appellant of the right to a fair trial. In this trial for conspiracy to manufacture methamphetamine and possession of pseudoephedrine, the prosecutor deliberately elicited testimony that linked certain ethnic groups with specific functions in illicit drug manufacturing. Appellants were members of the ethnic groups identified. The court found the prosecutor’s misconduct denied appellants their right to a fair trial, but that because the evidence was otherwise overwhelming, the error was harmless.