Tatom

MEMORANDUM *

Charles Lloyd Tatom appeals from his jury-trial conviction of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1). Tatom contends that the district court erred (1) by not excluding evidence under Federal Rule of Evidence 403, (2) by dismissing a juror without “just cause” and allowing a verdict to be returned by the remaining eleven jurors, and (3) by not adequately instructing the jury. Tatom additionally alleges ineffective assistance of counsel. Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291 . We affirm Tatom’s conviction and decline to review his ineffective assistance of counsel claim.

I. Admission of Evidence

At trial, Tatom objected to the prejudicial impact of the admission of three photographic exhibits. While Tatom mentioned these exhibits in passing in his opening brief, he failed to refer to them in the issue statement or body of that brief. This cursory treatment is insufficient to preserve the issue on appeal. See Fed. R.App. Proc. 28(a)(5); see also United States v. Alonso, 48 F.3d 1536, 1544 (9th Cir.1995). Accordingly,…