United States v. Orville William Dante

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Orville William DANTE, Defendant-Appellant. No. 92-10660. United States Court of Appeals, Ninth Circuit. Submitted May 21, 1993. * Decided July 2, 1993. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Orville Dante appeals from his conviction on two counts of willful failure to file a federal income tax return in violation of 26 U.S.C. § 7203 , arguing that the district court erred by denying his motion for a mistrial as the result of alleged prosecutorial misconduct during closing argument. We review the district court's decision for an abuse of discretion, see United States v. Homick, 964 F.2d 899, 906 (9th Cir.1992) (denying motion for mistrial); United States v. Diaz, 961 F.2d 1417, 1418 (9th Cir.1992) (allowing jury to consider post-objection comments made during closing argument), and we affirm. 3 Dante complains that the…