Rios-Cruz

MEMORANDUM ***

Rios-Cruz first argues that the district court abused its discretion by refusing to declare a mistrial after the jury pool was exposed to pro-law enforcement sentiments that a former police officer expressed during voir dire. Shortly thereafter, the district court struck the individual for cause and then gave a textbook curative instruction to the remaining pool about the prohibition against crediting a witness’ testimony simply because of his background. Given the district court’s appropriate actions, the jury pool was not improperly tainted and the district court therefore did not err in denying Rios-Cruz’s motion.

Next, Rios-Cruz argues that the district court committed plain error by failing to strike an INS agent’s hearsay testimony about incriminating statements made by his collaborators. The district court, however, sustained Rios-Cruz’s objection to the testimony, thereby excluding it from the evidentiary record, and we therefore conclude that the district court did not commit any error in according Rios-Cruz the very relief that he had requested.

Rios-Cruz also argues that the district court erred in denying his motion for judgment of acquittal pursuant…