Thompson

MEMORANDUM *

Brian Thompson appeals his conviction and 87-month sentence for two counts of mail fraud and one count of money laundering. We affirm the convictions, but grant a limited Ameline remand. 1

*666 Thompson complains that the prosecutor impermissibly examined him on the details of his prior convictions. But the prosecutor’s initial statements merely rephrased questions that Thompson’s lawyer asked on direct. Defense counsel’s direct was well-phrased to take the sting out of the prior conviction for the Allstate fraud. It was not until Thompson denied guilt and attempted to mitigate his conviction that the prosecutor introduced the fake documents and bogus checks that led to Thompson’s previous conviction. When a defendant has attempted to “explain away” his prior crimes, the prosecutor may introduce evidence from the prior crime to rebut the inference of innocence. 2

On cross, the district court overruled defense counsel’s objection to a question about “a number of fraudulently false documents,” but Thompson never answered and the prosecutor did not request an answer. Instead, the prosecutor offered a document into evidence and defense counsel said “No objection.” Then…