United States v. Bonner

177 F. App'x 253
CourtCourt of Appeals for the Third Circuit
DecidedMay 1, 2006
DocketNo. 05-1091
StatusPublished

This text of 177 F. App'x 253 (United States v. Bonner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bonner, 177 F. App'x 253 (3d Cir. 2006).

Opinion

OPINION OF THE COURT

RODRIGUEZ, District Judge.

Montay Bonner appeals from his conviction for felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On appeal, Bonner argues that the District Court, by refusing to give a curative instruction or declare a mistrial in response to one of the government’s statements during closing, committed reversible error. We have jurisdiction to review final decisions of the district courts pursuant to 28 U.S.C. § 1291. We will affirm.

I.

Because we write solely for the parties, we will only mention those facts relevant to our analysis. On May 31, 2002, Bonner was arrested when several Philadelphia Police Officers saw him discard a firearm. On November 25, 2003, Bonner was indicted for felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). During closing arguments, the government stated the following:

I submit to you that the evidence has proven beyond a reasonable doubt that this gun was carried by this defendant on May 31st, 2002 and that the defendant threw this gun when he was approached by the police. And I ask that since May 31st, 2002, the defendant has been running. He’s been running from the police. He’s been running from—

(Trial Transcript, app. at 33.) Bonner’s attorney immediately objected and after a conversation at sidebar, the government concluded its closing with the following: “[o]n May 31st, the defendant ran from the police. I ask that you put a stop and render a verdict of guilty.” (Trial Tran[255]*255script, app. at 34.) Subsequently, Bonner was convicted. This appeal followed.

II.

We review a district court’s decision on an objection to prosecutorial statements at trial for abuse of discretion. United States v. Brennan, 326 F.3d 176, 182 (3d Cir.2003).

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177 F. App'x 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bonner-ca3-2006.