143 F. App'x 853

UNITED STATES of America, Plaintiff—Appellee, v. Sherri Lynn EWING, Defendant—Appellant.

No. 04-30513.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 12, 2005.*

*854Decided Sept. 16, 2005.

Marcia Good Hurd, Esq., USBI—Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

William Bartlett, Angel Law Firm, Bozeman, MT, for Defendant-Appellant.

Before: REINHARDT, RYMER and HAWKINS, Circuit Judges.

MEMORANDUM **

Sherri Lynn Ewing appeals her jury conviction for three counts of distribution of marijuana in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ewing contends that the district court erred in refusing to grant a mistrial on the basis of one statement made by a confidential informant at trial. We disagree and conclude that the district court did not abuse its discretion by denying Ewing’s motion for a mistrial. See United States v. Allen, 341 F.3d 870, 891 (9th Cir.2003), cert. denied, 541 U.S. 975, 124 S.Ct. 1876, 158 L.Ed.2d 471 (2004). The district court immediately instructed the jury to disregard the challenged statement. In light of the other evidence presented against Ewing, this cautionary instruction was sufficient to cure any prejudice that the statement may have caused. See United States v. Escalante, 637 F.2d 1197, 1202 (9th Cir.1980).

AFFIRMED.

United States v. Ewing
143 F. App'x 853

Case Details

Name
United States v. Ewing
Decision Date
Sep 16, 2005
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143 F. App'x 853

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United States

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