United States v. Francis C. Palmer

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Francis C. PALMER, Defendant-Appellant. No. 91-30055. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1992. * Decided May 12, 1992. Before PREGERSON, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Francis C. Palmer appeals his jury conviction on four counts of cocaine distribution, in violation of 21 U.S.C. § 841 (a)(1) (1988). Palmer argues the district court abused its discretion in failing to grant a mistrial based on alleged prejudicial remarks made by the prosecutor. Palmer also challenges the district court's decision to admit into evidence cocaine which he alleged differed substantially in physical appearance from the cocaine sent to the Drug Enforcement Agency ("DEA") laboratory for analysis. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 (1988), and we affirm. 3 * Steve Mulligan, a former…