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232203P.pdf   04/04/2024  United States  v.  Cody Hopkins
   U.S. Court of Appeals Case No:  23-2203
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Benton, Author, with Grasz and Stras, Circuit Judges] 
   Criminal case - Criminal law. After a jury trial, defendant moved for a 
   new trial, asserting prosecutorial misconduct. Held: Any error was 
   harmless because, even assuming the prosecutor improperly attacked 
   defendant's credibility based on untrue facts, it did not affect 
   defendant's substantial rights; the district court properly found that the 
   prosecutor did not misstate the elements of the offense during closing 
   arguments; and given the evidence in the record, there is no reasonable 
   probability the outcome of defendant's trial would have been different 
   absent any error.