Filed: Jul. 25, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-31339 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. DERRICK RIDGLEY Defendant - Appellant - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 00-CR-154-ALL-B - July 24, 2001 Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges. PER CURIAM:* Derrick Ridgley appeals his conviction for possession of a firearm by a convicted felon pursuant to 18 U.S.C. § § 922(g)
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-31339 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. DERRICK RIDGLEY Defendant - Appellant - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 00-CR-154-ALL-B - July 24, 2001 Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges. PER CURIAM:* Derrick Ridgley appeals his conviction for possession of a firearm by a convicted felon pursuant to 18 U.S.C. § § 922(g)(..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31339
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DERRICK RIDGLEY
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CR-154-ALL-B
--------------------
July 24, 2001
Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges.
PER CURIAM:*
Derrick Ridgley appeals his conviction for possession of a
firearm by a convicted felon pursuant to 18 U.S.C. § § 922(g)(1)
and 924(a)(2).
Ridgley argues the district court abused its discretion in
denying his motion for mistrial. When questioned on direct
examination about the criteria for contacting federal agents when
weapons are found on a suspect, the arresting officer testified
that the suspect must be convicted of armed robbery. Ridgley
argues this statement violated his rights under Old Chief v.
*
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that this opinion should not be published and is not precedent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.
No. 00-31339
-2-
United States,
519 U.S. 172, 174 (1997). Even assuming the jury
believed Ridgley committed armed robbery, any error is harmless
given the district court’s extensive curative instructions. See
United States v. Munoz,
150 F.3d 401, 412 n. 11 (5th Cir. 1998).
Ridgley also argues the district court improperly precluded
closing argument about the lack of fingerprint evidence. During
closing argument, defense counsel began to address the
government’s decision not to fingerprint the handgun alleged to
be in Ridgley’s possession. The district court instructed
counsel not to suggest that the government obtained fingerprint
evidence but declined to offer it at trial. Without objection,
Ridgley abandoned his fingerprint argument, but now urges it on
appeal. See United States v. Johnston,
127 F.3d 380, 392 (5th
Cir. 1997). In the absence of an objection, no error is
preserved for appellate review, and the only remaining standard
for reviewing Ridgley’s complaint is plain error. United States
v. Johnston,
127 F.3d 380, 392 (5th Cir. 1997). Moreover, a
trial court exercises broad discretion in limiting the scope of
closing argument. Herring v. New York,
422 U.S. 853, 862 (1975).
The record in Ridgley’s case contains no evidence that the
government conducted a fingerprint analysis. The district court
acted within its discretion in prohibiting defense counsel from
suggesting to the jury that the government obtained fingerprint
evidence but omitted the evidence at trial. Cf. United States v.
Poindexter,
942 F.2d 354, 359 (6th Cir. 1991)(permitting
fingerprint argument during closing where evidence of
No. 00-31339
-3-
fingerprinting existed in the record). Further, the district
court afforded Ridgley ample opportunity to cross-examine the
arresting officer. In any event, the facts in Ridgley’s case
dispensed with the need for fingerprint analysis. Eyewitness
testimony from the arresting officer who observed Ridgley in a
vacant alley with the handgun established possession. Under
these facts, Ridgley’s complaint cannot withstand the plain error
standard.
AFFIRMED.