United States Sixth Circuit

Defendant's conviction for being a felon in possession of ammunition is affirmed where: 1) the discrepancy between the caliber of ammunition charged in the indictment and the caliber of ammunition offered into evidence at trial was a variance, not a constructive amendment, and the variance was not a reversible error because it did not prejudice defendant; and 2) the district court did not abuse its discretion in denying defendant's request for a mistrial where the prejudicial effect of the objectionable question was de minimis, if at all, and the court gave a proper curative instruction to the jury.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

• Before:  SILER, MOORE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Needum L. Germany, III, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant.  E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.   ON BRIEF:  Needum L. Germany, III, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant.  E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.