United States v. Fontenette
United States v. Fontenette
Opinion of the Court
MEMORANDUM
Marvin E. Fontenette, Jr., appeals his conviction after a jury trial for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Fontenette brings two related challenges.
For these same reasons, we further conclude that the body of assault evidence admitted was not needlessly cumulative. Fed.R.Evid. 403; see United States v. Skillman, 922 F.2d 1370, 1374 (9th Cir. 1990). Moreover, the record indicates that the district court conducted a proper balancing inquiry for each item of evidence admitted at trial, see Daly, 974 F.2d at 1217, and the district court’s pointed and repeated admonitions and instructions to the jury were sufficient to mitigate any unfair prejudice, see Solimán, 813 F.2d at 279. For each of the above reasons, we conclude that the district court’s admission of the assault evidence as direct evidence of Fontenette’s possession of the firearm was not an abuse of discretion.
Fontenette’s second contention is that the district court committed reversible error in reading to the jury a passage from the indictment that referred to the alleged assault. The district court did admit on the record that the passage should have been stricken as surplusage. Nevertheless, even if the district court’s mistake rose to the level of legal error, the error was harmless. We cannot say that the district court’s reference to an assault in reading the indictment to the jury was unfairly prejudicial to Fontenette when we have already concluded that it was not unfairly prejudicial to present the same subject matter more extensively and in more graphic detail during the trial. Moreover, the district court’s pointed mea culpa to the jury and its repeated admonitions and instructions regarding the narrow question presented and the limited relevance of the alleged assault sufficiently mitigated any possible prejudice. Id.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
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