United States v. Parker

365 F. App'x 562

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 18, 2010
• Docket: 08-30716
• Status: Unpublished

Opinion

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

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.