United States v. Timothy Gaines

MEMORANDUM

Defendant Timothy Christopher Gaines appeals the district court’s order denying his motion for a new trial. Gaines was convicted of being a felon in possession of a firearm under 18 U.S.C. § 922 (g)(1). Gaines contends that the government committed prosecutorial misconduct by making a grammar-school arithmetical error in its closing argument. We agree with the district court that the misstatement did not prejudice Gaines’ trial, and affirm.

We review for plain error claims of prosecutorial misconduct when the defendant failed to object at trial. United States v. Washington, 462 F.3d 1124, 1136 (9th Cir.2006). We review for abuse of discretion the district court’s denial of a motion for a new trial. Id. at 1135 . Under the plain error standard, Gaines is entitled to relief only if the government’s statement was improper and “substantially prejudice^] [Gaines’s] trial.” United States v. Sanchez, 659 F.3d 1252, 1256 (9th Cir.2011) (first alteration in original) (citation and internal quotation marks omitted). Even then, we may “correct only particularly egregious errors ... that seriously affect the fairness, integrity or public reputation of judicial proceedings.” Id.…