In two summary orders issued on the same day by the same panel (Cabranes, Bianco, and Merriam), the Second Circuit considered several different claims of prosecutorial misconduct. Ultimately, neither defendant prevailed, although for different reasons.
During the main summation and rebuttal of United States v. Saunders, No. 22-569 (2d Cir. May 3, 2023) (summary order), an 18 U.S.C. 922(g)(1) felon-in-possession trial, prosecutors described the facts of the case in vivid detail that emphasized the dangers posed to the public and bystanders. Comments included: “Samuel Saunders . . . sprayed bullets into the middle of a city street”; “he barely missed other innocent bystanders”; “That’s why we’re here, because Samuel Saunders sprayed bullets into a public street and almost killed someone”; “The defendant acted with a complete disregard for human life. He could have killed multiple people that night. There were kids in the street. You saw them running for …