Clausen

MEMORANDUM *

Richard Gene Clausen appeals his conviction for conspiracy to deal firearms without a license, in violation of 18 U.S.C. § 371 , and dealing firearms without a license, in violation of 18 U.S.C. §§ 922 (a)(1)(A) and 924(a)(1)(D). We affirm.

The district court did not abuse its discretion in denying Clausen’s motion for a retrial. Assuming prosecutorial misconduct, the prosecutor’s question about community safety was an isolated reference, the reference was stricken and a limiting instruction was given that neutralized any prejudicial effect, see United States v. de Cruz, 82 F.3d 856, 862 (9th Cir.1996), and it was “not outrageous enough to require a mistrial,” United States v. Yarbrough, 852 F.2d 1522, 1539 (9th Cir.1988).

The district court’s “wide discretion” to decide how to respond to questions from the jury, Arizona v. Johnson, 351 F.3d 988, 994 (9th Cir.2003), was not abused by directing the jury back to the instructions they already received. Those instructions accurately stated the law and were sufficiently clear, whereas answering the question could have been misleading or confusing. See id. at 994-95 .

Neither was it an abuse of discretion to exclude…