United States v. Slaughter

U.S. Court of Appeals for the Fifth Circuit

United States v. Slaughter

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20021 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JERRON CYRIL SLAUGHTER,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas H-01-187-1 -------------------- December 16, 2002

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Jerron Cyril Slaughter appeals the

judgment of the district court following his conviction on one

count of being a felon in possession of a firearm, a violation of

18 U.S.C. § 922

(g)(1). He first asserts that the statute of

conviction is unconstitutional, but his position is without merit.

As Slaughter concedes, we have previously rejected this contention,

and we are bound by our prior decisions. See United States v.

Cavazos,

288 F.3d 706, 712

(5th Cir. 2002), cert. denied, 123 S.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Ct. 253 (2002); United States v. Short,

181 F.3d 620, 624

(5th Cir.

1999); United States v. Rawls,

85 F.3d 240

(5th Cir. 1996).

Slaughter also contends that the prosecutor committed

reversible error during closing arguments by bolstering the

credibility of government witnesses, by shifting the burden of

proof to him, and by making an improper plea to the jury for

support of law enforcement. In reviewing a claim of prosecutorial

misconduct in the form of improper argument, we must first decide

whether the disputed remarks were improper. See United States v.

Munoz,

150 F.3d 401, 414

(5th Cir. 1998). Slaughter has not shown

that any of the disputed remarks were improper. See United States

v. Thomas,

12 F.3d 1350, 1367

(5th Cir. 1994); United States v.

Palmer,

37 F.3d 1080, 1086

(5th Cir. 1994); United States v.

Fields,

72 F.3d 1200, 1208

(5th Cir. 1996). He thus has not shown

that any of the remarks warrant reversal of his conviction.

Accordingly, we affirm Slaughter’s conviction and sentence.

Finally, Slaughter contends, and the government concedes, that

there is a clerical error in his judgment. The judgment reflects

that Slaughter pleaded guilty when the record shows that he was

convicted after a jury trial. We thus remand this case to the

district court for the limited purpose of correcting this apparent

clerical error. See FED. R. CRIM. P. 36.

CONVICTION AND SENTENCE AFFIRMED; REMANDED FOR CORRECTION OF

CLERICAL ERROR.

2

Reference

Status
Unpublished