United States v. Vance W. Puska

46 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vance W. PUSKA, Defendant-Appellant. No. 94-10311. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Vance W. Puska appeals his conviction following a jury trial for driving under the influence of alcohol on federal property. Puska contends that the district court abused its discretion in affirming the magistrate judge's denial of his motion for a mistrial. We have jurisdiction under 28 U.S.C. Sec. 1291 and review the denial of a motion for a mistrial for abuse of discretion. United States v. Valdez-Soto, 31 F.3d 1467, 1473 (9th Cir. 1994). We affirm. 3 Highly prejudicial testimony, which is subsequently stricken, may serve as a basis for a mistrial. United States v. Escalante, 637 F.2d 1197, 1202-04 (9th Cir.), cert. denied, 449 U.S.…