Crawford

MEMORANDUM **

The district court did not abuse its discretion by denying the appellant’s request for a mistrial after a government witness testified that the appellant had spent time in prison. First, this one stray remark was not highlighted in any way before the jury. Second, the judge gave a strong curative instruction. Third, substantial independent evidence exists of the appellant’s guilt. Therefore, it is not more probable than not that this improper statement affected the verdict. See United States v. Aichele, 941 F.2d 761, 765 (9th Cir.1991) (“If the case against a defendant is very strong, though not overwhelming, and the reviewing court is unconvinced that the admission of the evidence influenced the outcome of the case, the court may uphold the verdict.”) (affirming the district court’s denial of a mistrial where testimony concerning the defendant’s prior incarceration was erroneously introduced); United States v. Yarbrough, 852 F.2d 1522, 1540 (9th Cir.1988) (judge’s curative instruction held sufficient to protect the defendant from the prejudice resulting from isolated references to his prior prison record).

Nor did the district court abuse its discretion by…