United States v. Mason

U.S. Court of Appeals for the Fifth Circuit

United States v. Mason

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40020 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROSHON LEE MASON,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. G-96-CR-4-1 - - - - - - - - - - October 21, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Roshon Lee Mason appeals his jury conviction for possession

with intent to distribute crack cocaine. He argues that the

district court abused its discretion when it admitted evidence of

marihuana found in the apartment, testimony that a .22 caliber

rifle was found in the apartment, and an envelope with a return

address of a Louisiana prison.

Our review of the record and the arguments and authorities

convinces us that the district court did not abuse its

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-40020 -2-

discretion. United States v. Hays,

872 F.2d 582, 587

(5th Cir.

1989). With respect to the rifle, the district court sustained

Mason’s objection to the rifle and prohibited any reference to

it. Accordingly, that issue is without merit. With respect to

both the marihuana and the envelope, the district court gave a

prompt and thorough limiting instruction as to those items.

Juries are presumed to follow the instructions of the court. See

Zafiro v. United States,

506 U.S. 534, 540-41

(1993); United

States v. Torres,

114 F.3d 520, 526

(5th Cir. 1997), cert.

denied,

1997 WL 562154

(U.S. Oct. 14, 1997). The court’s

instruction adequately neutralized any potential prejudice from

this evidence. Accordingly, the judgment of the district court

is AFFIRMED.

Reference

Status
Unpublished