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United States v. Parker, 08-30716 (2010)

Court: Court of Appeals for the Fifth Circuit Number: 08-30716 Visitors: 42
Filed: Feb. 18, 2010
Latest Update: Feb. 21, 2020
Summary: Case: 08-30716 Document: 00511027591 Page: 1 Date Filed: 02/12/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED February 12, 2010 No. 08-30716 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KEITH PARKER, Defendant-Appellant Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:05-CR-89-1 Before GARZA, DENNIS, and ELROD, Circuit Judges. PER C
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     Case: 08-30716     Document: 00511027591          Page: 1    Date Filed: 02/12/2010




            IN THE UNITED STATES COURT OF APPEALS
                                             United States Court of Appeals
                     FOR THE FIFTH CIRCUIT            Fifth Circuit

                                                   FILED
                                                                             February 12, 2010
                                     No. 08-30716
                                  Conference Calendar                      Charles R. Fulbruge III
                                                                                   Clerk


UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee

v.

KEITH PARKER,

                                                   Defendant-Appellant


                   Appeal from the United States District Court
                       for the Middle District of Louisiana
                             USDC No. 3:05-CR-89-1


Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
        Appealing the judgment in a criminal case, Keith Parker argues that the
district court abused its discretion in denying his motion to sever his felon-in-
possession-of-a-firearm count because, despite a cautionary jury instruction, the
fact of his prior conviction alone created substantial jury prejudice warranting
reversal. This argument is foreclosed by United States v. Bullock, 
71 F.3d 171
,
175 (5th Cir. 1995), which held that proper jury instructions are sufficient to
cure any possible prejudice resulting from the joinder of a felon-in-possession-of-

        *
         Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
  Case: 08-30716   Document: 00511027591 Page: 2   Date Filed: 02/12/2010
                               No. 08-30716

a-firearm count.   The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.




                                   2

Source:  CourtListener

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