Petitioner cannot demonstrate that the prosecutor’s comments “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” Darden, 477 U.S. at 181, 106 S.Ct. 2464 (internal citations and quotations omitted). The prosecutor’s statement did not improperly shift the burden of proof onto the defense; rather, the prosecutor was commenting on the state of the evidence. More specifically, the prosecutor was commenting on the weakness of the defense theory of the case that another assailant had been present at the crime. Neither are improper. See, e.g. United States v. Cabrera, 201 F.3d 1243, 1250 (9th Cir.2000); United States v. Robinson, 485 U.S. 25, 26-34, 108 S.Ct. 864, 99 L.Ed.2d 23 (1988); Bashor v. Risley, 730 F.2d 1228, 1240 (9th Cir.1984) (<HOLDING>). In addition, even if the prosecutor had
holding a prosecutor may not comment on a defendants silence holding that a prosecutor may comment on the absence of evidence so long as there is sufficient evidence to support the prosecutors version of events holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense