United States v. Edward L. Powell

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward L. POWELL, Defendant-Appellant. No. 93-10113. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1994. Decided May 12, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Edward L. Powell (Powell) appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). We affirm. A. Improper Comment by Prosecutor 3 Powell argues that the prosecutor's reference in his opening statement to the grand jury's finding of probable cause deprived him of a fair trial. 1 We reject this argument. We review allegedly improper prosecutorial comments for which the defendant objects under the harmless error doctrine. United States v. Endicott, 803 F.2d 506, 513 (9th Cir.1986). "The inquiry is whether allegedly improper behavior, considered in the context of the entire trial,…