Branon

United States v. Branon

Good Law
146 F. App'x 168
United States Court of Appeals for the Ninth CircuitAugust 22, 2005No. 03-10483California398 words

Opinion

Lead Opinion

MEMORANDUM **

Mark David Branon (“Branon”) appeals his conviction and sentence for multiple drug charges, possession or use of a firearm in a crime of violence with a silencer, felon in possession of a firearm, and possession of a firearm with an obliterated serial number. We affirm Branon’s convictions, and grant a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

The district court did not plainly err by allowing the indictment, which stated the basis of Branon’s prior felony conviction, to be read to the jury at the beginning of trial. The district court properly instructed the jury immediately before the clerk read the indictment that the indictment “is not evidence of anything.” Nor did the district court plainly err by not redacting, sua sponte, the indictment, or by not severing or bifurcating the felon in possession of a firearm count from the other counts.

The district court sufficiently admonished the jury about the media at the beginning of trial, telling them: “Until the trial is over ... do not read any news stories or articles or listen to any radio or television reports about the case or about anyone who has anything to do…

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