Shamblin

United States v. Shamblin

Good Law
101 F. App'x 243
United States Court of Appeals for the Ninth CircuitJune 17, 2004No. 03-10120; D.C. No. CR-02-00119-DAECalifornia255 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant James W. Shamblin appeals his conviction for being a felon in posses *244 sion of a firearm and ammunition in violation of 18 U.S.C. § 922 (g)(1).

The extrinsic evidence received by the jury in this case does not warrant a new trial. The material was both ambiguous and cumulative. See Jeffries v. Wood, 114 F.3d 1484, 1491 (9th Cir.1997) (finding that whether material is “ambiguously phrased” or “merely cumulative” are factors that suggest the potential prejudice of the extrinsic evidence is diminished). The district court judge also gave a clear and thorough curative instruction to ameliorate any prejudice that may have resulted from the material. See Bayramoglu v. Estelle, 806 F.2d 880, 888 (9th Cir.1986) (“A timely instruction from the judge usually cures the prejudicial impact of evidence unless it is highly prejudicial or the instruction is clearly inadequate.”) (citation omitted).

There was sufficient evidence to support the verdict. In order to establish possession, “the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which contraband is concealed.” United States v.…

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