United States v. Gregory McFarland

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gregory McFARLAND, Defendant-Appellant. No. 93-10322. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1994. Decided Sept. 13, 1994. 1 Before: NOONAN and T.G. NELSON, Circuit Judges, EZRA, * District Judge. 2 MEMORANDUM ** 3 Gregory McFarland ("appellant" or "McFarland") appeals his conviction in the district court on the charge of being a felon in possession of a firearm, 18 U.S.C. Sec. 922 (g)(1). On appeal he argues that the district court erred by (1) re-reading the testimony of three government witnesses after a long weekend and immediately after the alternate had been seated, before allowing the new jury to deliberate; and (2) denying defense counsel's objections to the prosecutor's rebuttal arguments, when the prosecutor allegedly misstated the evidence and allegedly commented on McFarland's decision not to testify. *** We affirm.…