Doney

*911 MEMORANDUM *

After a jury trial, Basil Clarence Doney, Jr., was convicted of assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 1158 (a) and 113(a)(6). In this appeal, he contends that the district court abused its discretion by failing to grant a mistrial. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

In light of the district court’s curative instructions to the jury, we conclude that the inadmissable rebuttal testimony by Agent SalacinsM was not so prejudicial that the district court abused its discretion in denying the mistrial motion. See United States v. Frederick, 78 F.3d 1370, 1375 (9th Cir.1996); United States v. Valdez-Soto, 31 F.3d 1467, 1473 (9th Cir.1994). After Agent Salacinski’s testimony, the government rested. The court heard argument outside the presence of the jury, decided to strike the rebuttal testimony, and immediately after the jury was brought back into the courtroom the court instructed the jury:

The court reiterated the substance of this cautionary instruction again while instructing the jury: “And keep in mind my admonition to disregard the rebuttal testimony in this case.”

The district court’s curative instructions…