Ramsey

MEMORANDUM **

Stanley Gordon Ramsey (“Ramsey”) appeals his jury conviction for possession of a firearm by a felon, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because Ramsey did not object to the read-back of testimony at trial, the district court’s decision to grant the jury’s request for a read-back of testimony is reviewed for plain error. United States v. de Cruz, 82 F.3d 856, 861 (9th Cir.1996). “‘The [district court’s] determination to allow a rereading or rehearing of testimony must be based on [the] particular facts and circumstances of the case’ and ‘[u]ndue emphasis of particular testimony should not *814 be permitted.’ ” United States v. Richard, 504 F.3d 1109, 1113 (9th Cir.2007) (quoting United States v. Hernandez, 27 F.3d 1403, 1408 (9th Cir.1994)).

The district court did not plainly err in denying the jury’s request to read back defense counsel’s closing statement but granting the jury’s request to read back the prosecution witness’ testimony. After the court received the jury’s note requesting the read-backs, the judge consulted with counsel for both parties outside of the presence of the jury. In allowing…