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No. 8648517
United States Court of Appeals for the Ninth Circuit
United States v. Jaime-Duarte
No. 8648517 · Decided March 17, 2008
No. 8648517·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 17, 2008
Citation
No. 8648517
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Mario Jaime-Duarte (“Jaime”) appeals his conviction for re-entry after deportation ( 8 U.S.C. § 1326 (a), enhanced by § 1326(b)(2)), alleging error in the denial of his mistrial motion based on a government witness referring to Jaime’s criminal history. Because the single reference to Jaime’s criminal background did not tell the jury the specifics of any prior offense, the government did not mention or make use of the comment at any other point in the trial, and a proper curative instruction was given prior to jury deliberations, there was no abuse of discretion in denying Jaime’s new trial motion. Even if we were to assume error, the other substantial evidence of Jaime’s guilt rendered any such error harmless. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Mario Jaime-Duarte (“Jaime”) appeals his conviction for re-entry after deportation ( 8 U.S.C.
Key Points
01MEMORANDUM ** Mario Jaime-Duarte (“Jaime”) appeals his conviction for re-entry after deportation ( 8 U.S.C.
02§ 1326 (a), enhanced by § 1326(b)(2)), alleging error in the denial of his mistrial motion based on a government witness referring to Jaime’s criminal history.
03Because the single reference to Jaime’s criminal background did not tell the jury the specifics of any prior offense, the government did not mention or make use of the comment at any other point in the trial, and a proper curative instructi
04Even if we were to assume error, the other substantial evidence of Jaime’s guilt rendered any such error harmless.
Frequently Asked Questions
MEMORANDUM ** Mario Jaime-Duarte (“Jaime”) appeals his conviction for re-entry after deportation ( 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Jaime-Duarte in the current circuit citation data.
This case was decided on March 17, 2008.
Use the citation No. 8648517 and verify it against the official reporter before filing.