United States v. Cochran

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51090
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARLA KAY COCHRAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CR-1672-ALL-EP
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August 2, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Darla Kay Cochran appeals from her conviction of
importing marijuana and possessing with intent to distribute
marijuana. She contends that the prosecutor’s remark during
closing arguments that jurors were the “they” in the question “‘why
don’t they do something about drug smuggling in our community?’”
deprived her of a fair trial and violated the Due Process Clause.
Cochran’s contention is unconvincing. Even if it is assumed that
the prosecutor’s remark went beyond an appropriate appeal to act as

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No. 01-51090
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the conscience of the community, the remark was not inflammatory;
the jury’s actions during deliberations indicated that it was
focused on the evidence in the case; the district court instructed
the jury that it must consider only the evidence and the remarks of
counsel were not evidence; and the evidence against Cochran was
strong. United States v. Lankford, 196 F.3d 563, 574 (5th Cir.
1999), cert. denied, 529 U.S. 1119 (2000).
AFFIRMED.

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