Twitchell

United States v. Twitchell

Good Law
69 F. App'x 892
United States Court of Appeals for the Ninth CircuitJuly 21, 2003No. 01-30228California816 words

Opinion

Lead Opinion

MEMORANDUM *

Danial A. Twitehell appeals his conviction of fourteen counts of bank fraud, in violation of 18 U.S.C. § 1344 , and four counts of money laundering, in violation of 18 U.S.C. § 1956 . He argues that the district court erred in denying his motion for a mistrial because the prosecution introduced evidence that had been ruled inadmissible in a pretrial hearing. He also contends that his conviction for money laundering must be reversed because his conduct did not fall within the scope of the money laundering statute. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Mistrial

We review the district court’s denial of Twitchell’s motion for a mistrial for abuse of discretion. See United States v. Mills, 280 F.3d 915, 921 (9th Cir.2002). Twitehell claims that the district court erred by declining to order a new trial because a government witness alluded to Twitchell’s failure to pay the warranty underwriter for extended warranties that were sold to Alaskan Adventures customers. We find no error and no prejudice.

We have upheld the denial of a motion for a mistrial if a “curative jury instruction rendered the prosecutorial error harmless beyond a…

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