Background
Defendant Damian Costello was convicted after a jury trial on charges of conspiracy to possess with intent to distribute and to distribute fentanyl, methamphetamine, cocaine, and cocaine base, in violation of federal statutes. On appeal, Costello challenged an isolated remark by a prosecutor as improper vouching and the district court’s application of two separate sentencing enhancements.
The court’s reasoning
The court reviewed the record for plain error because Costello made no relevant objections before the district court. Having applied this stringent standard, the court found no reversible error regarding the prosecutor’s remarks or the sentencing enhancements.
What it means going forward
The conviction and sentence for drug conspiracy remain in effect, and the ruling establishes that unpreserved objections to prosecutorial remarks and sentencing enhancements are subject to plain error review.