Ramsey

MEMORANDUM *

Defendant Sean Ramsey appeals his conviction, after his third jury trial, of one count of being a felon in possession of a firearm. 1 We affirm.

Defendant first argues that, at his third trial, the prosecutor elicited perjured testimony from witnesses Ramee and Gray. See Killian v. Poole, 282 F.3d 1204, 1208-10 (9th Cir.2002). We are not persuaded. In some respects, the testimony of Ramee and Gray was different at the third trial than it had been at the first two trials, but nothing in the record indicates that their testimony at the third trial was perjured. To the contrary, the record suggests that the most recent testimony likely was the most truthful: This testimony was consistent with the witnesses’ separate statements to police on the night of the arrest, the two witnesses always have maintained that the gun found in Ramee’s purse was Defendant’s, and Defendant had threatened the witnesses after his arrest but before their earlier testimony. The presentation of mere inconsistencies is not improper. United States v. Necoechea, 986 F.2d 1273, 1281 (9th Cir.1993). Resolving them was properly left to the jury.

Next, Defendant argues that the prosecutor improperly…