United States v. Jerome Owings

MEMORANDUM

Jerome Derrick Owings appeals from his convictions on charges of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), and possession of a stolen firearm, in violation of 18 U.S.C. § 922 (j), as well as from his sentence following those convictions.

1. As in United States v. VonWillie, 59 F.3d 922, 930 (9th Cir.1995), the joint trial here was not “manifestly prejudicial.” United States v. Lewis, 787 F.2d 1318, 1321 , opinion amended on denial of reh’g, 798 F.2d 1250 (9th Cir.1986). The parties stipulated to a prior felony conviction, without further elaboration, and the government barely touched on the prior conviction in its closing argument. Cf. id. at 1323 . Although the limiting instruc tions in this ease, “given in the waning moments of the trial” and without “specifically impress[ing] upon the jury its duty to ignore prior convictions in determining guilt,” id., were inadequate, because the conviction evidence was not emphasized and the government’s case was otherwise strong, if not airtight, cf. id., the joint trial was not manifestly prejudicial, and there was no reversible error.

2. The district court did not abuse its discretion…