United States v. Johnson

U.S. Court of Appeals for the Fifth Circuit

United States v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-31236 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RENZO JOHNSON, also known as Junior,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CR-129-ALL-L - - - - - - - - - - February 20, 1997

Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.

PER CURIAM:*

Renzo Johnson argues that the district court abused its

discretion in denying his motion for a mistrial based on the

admission of extrinsic evidence of his prior drug use.

We have reviewed the record, including the briefs, and the

entire trial transcrpt, and find that the district court did not

abuse its discretion in denying Johnson’s motion for a mistrial.

The record does not reflect that the introduction of that single

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-31236 - 2 -

isolated comment accompanied by the instructions at the

conclusion of the trial was error. Further, in light of the

overwhelming evidence of guilt presented against Johnson at

trial, there is not a significant possibility that the

introduction of the evidence had a substantial impact on the

jury’s verdict. See United States v. Limones,

8 F.3d 1004, 1008

(5th Cir. 1993), cert. denied,

114 S. Ct. 1562

(1994).

AFFIRMED.

Reference

Status
Unpublished