Price

United States v. Price

Good Law
84 F. App'x 917
United States Court of Appeals for the Ninth CircuitDecember 22, 2003No. 02-10466, 02-10468, 02-10473; D.C. No. CR-01-01110-MHM, CR-01-01110-MHM-01California1,075 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants-Appellants Julio Price, Nicholas Rossi, and George Baber appeal their convictions for carjacking, and aiding and abetting carjacking, in violation of 18 U.S.C. § 2119 , and for use of, and aiding and abetting in the use of, a firearm in a crime of violence in violation of 18 U.S.C. § 924 (c)(1)(A). We have jurisdiction under 28 U.S.C. § 1291 .

I

The district court properly denied a motion for mistrial when the prosecutor referred to Rossi’s consideration of a guilty plea. Rossi’s statements likely were admissible under Fed.R.Evid. 410 and Fed.R.Crim.P. 11 because they were made during a conversation with his mother rather than during the course of plea negotiations. See United States v. Castillo, 615 F.2d 878, 885 (9th Cir.1980) (concluding that it was “not error” to admit the defendant’s statement to a prison counsel- or that “he would probably ‘cop’ to a charge of manslaughter”). Neither would the prosecution’s simple reference to a specific deal made by the government appear to violate Fed.R.Evid. 410 or Fed. R.Crim.P. 11. Even if the statements were inadmissible or improper, the district court instructed the jury to disregard them and they were not…

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