U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Michael Rippie

U.S. Court of Appeals for the Ninth Circuit · Decided April 20, 2015 · Kozinski, Graber, Benson

600 F. App'x 533

Counsel

Eric Johnson, Esquire, Assistant U.S., Daniel D. Hollingsworth, Esquire, Michael Anthony Humphreys, Assistant U.S., Cristina D. Silva, Assistant U.S., USLV-Office of the U.S. Attorney, Las Vegas, NV, Elizabeth Olson White, Esquire, Assistant U.S., USRE-Office of the U.S. Attorney, Reno, NV, for Plaintiff-Appellee., Brenda Weksler, Esquire, Assistant Federal Public Defender, Heidi A. Ojeda, Alina Maria Shell, Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.

Opinion

MEMORANDUM ***

Rippie appeals his jury conviction of possession of a firearm by a person previously committed to a mental institution, in violation of 18 U.S.C. § 922(g)(4), and making a false statement to acquire a firearm, in violation of 18 U.S.C. § 922(a)(6). The trial court did not abuse its discretion by admitting evidence regarding a state judge’s refusal to return firearms to Appellant because of his prior commitment to a mental institution. Such evidence was unquestionably relevant to respond to Appellant’s defense and posed no risk of unfair prejudice, particularly in light of the district court’s thorough limiting instruction. The government’s references to this testimony in closing argument did not constitute prosecutorial misconduct because they were consistent with the limiting instruction.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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