United States v. Garrett, Jr., No. 10-3305 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of two counts of being a felon in possession of a firearm and ammunition. At issue was whether there was insufficient evidence supporting the conviction; whether the district court erred in denying his motion for a mistrial; and whether the district court erred in denying his motion to sever the two counts. The court held that there was sufficient evidence supporting the jury's verdict on both counts. The court also held that, in light of the extensive testimony from other witnesses, the objectionable statement made by a certain police officer did not merit a mistrial. The court further held that the two counts were properly joined under Fed. R. Crim. P. 8(a) and that the district court properly denied his motion to severe where defendant failed to establish prejudice. Accordingly, the judgment of the district court was affirmed.
Court Description: Criminal case - criminal law. Evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm and ammunition; brief mention of drug investigation did not merit a mistrial; no error in denying motion to sever counts, nor were the counts improperly joined.
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