United States Eighth Circuit

Conviction for being a drug user in possession of a firearm is affirmed where: 1) any error in the district court's decision to refuse to admit a booking form was harmless; 2) district court's comments during the trial were not prejudicial as they were the court's effort to keep the trial moving in an orderly and efficient manner and were not grounds for a new trial; and 3) the court's grant of government's objection to defendant's closing argument did not undermine the law set forth in the jury instructions.

Appellate Information

• Decided 03/04/2009
• Published 03/04/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BYE, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dennis C. Whetzal, Rapid City, SD, for appellant., Clyde White, Fountain, FL, pro se.


• For Appellees:
  
• Mark Alexander Vargo, I, AUSA, Rapid City, SD, for appellee.