United States v. Fetters, No. 12-1213 (8th Cir. 2012)
Annotate this CaseDefendant appealed his firearm and drug convictions, arguing that the district court erred in denying his motions for mistrial and new trial based on improper testimony and his motion for judgment of acquittal on three counts based on insufficiency of the evidence. The court held that the three references to defendant's criminal history were not unfairly prejudicial and that there was sufficient evidence to convict defendant of the crimes for which he was charged. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Criminal law. The three isolated comments which defendant contends required a mistrial or a new trial were fleeting and remedied by district court action, and the district court did not err in denying defendant's motions; evidence was sufficient to support defendant's convictions for being a felon in possession of a firearm and for possession of methamphetamine; evidence was also sufficient to support the conviction for possession of a firearm in furtherance of drug trafficking.
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