Pascacio

United States v. Pascacio

Good Law
352 F. App'x 180
United States Court of Appeals for the Ninth CircuitNovember 6, 2009No. 08-10327California567 words

Opinion

Lead Opinion

MEMORANDUM ***

Sofia Maciel Pascacio (“Pascacio”) appeals her conviction for various cocaine-related drug offenses surrounding the use of her residence to receive drugs and transfer money for the purchase of the drugs on behalf of her daughter. She argues that the district court erred by denying her mistrial motion, and giving the jury a deliberate ignorance instruction unsupported by the evidence. We affirm.

A. Mistrial

Pascacio moved for a mistrial after a detective testified that guns and drugs were found at Pascacio’s residence when her son was arrested in an earlier unrelated incident.

A motion for mistrial is reviewed for abuse of discretion. United States v. Hagege, 437 F.3d 943, 959-60 (9th Cir.2006); see also United States v. Allen, 341 F.3d 870, 891 (9th Cir.2003); United States v. Frederick, 78 F.3d 1370, 1375 (9th Cir.1996). “[Cjourts have the power to declare a mistrial whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated.” United States v. Escalante, 637 F.2d 1197, 1202 (9th Cir.1980) (internal quotations omitted).

The district court did…

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