Coppola

United States v. Coppola

Good Law
198 F. App'x 629
United States Court of Appeals for the Ninth CircuitAugust 24, 2006No. 05-10244California2,600 words

Opinion

Lead Opinion

MEMORANDUM **

Joseph Coppola was charged with committing two bank robberies in December 2002. On March 29, 2004, a jury convicted him on both bank robbery counts. On March 22, 2005, he was sentenced to 188 months imprisonment.

Coppola appeals his convictions and his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and we affirm both his convictions and his sentence.

Discussion

A Prosecutorial Misconduct

Coppola claims that the prosecution repeatedly violated the district court’s pretrial order and the Federal Rules of Evidence by improperly introducing and using impermissible character evidence concerning a 1999 armed robbery conviction and other bad acts, including a second 1999 bank robbery. A district court’s decision regarding the admission of evidence regarding prior bad acts is reviewed for an abuse of discretion. United States v. Gestor 299 F.3d 1130, 1137 (9th Cir.2002). When defense counsel objects at trial to acts of alleged prosecutorial misconduct, we review for harmless error. United States v. Weatherspoon, 410 F.3d 1142, 1150 (9th Cir.2005).

When a defendant alleges prosecutorial misconduct, the alleged misconduct is viewed…

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