United States v. Staton

24 F. App'x 222

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 25, 2002
• Docket: 01-4559
• Status: Unpublished

Opinion

PER CURIAM.

Michael B. Staton, Jr., appeals from his conviction on one count of unlawful possession of a firearm, in violation of 26 U.S.C. § 5861(d) (1994). Staton contends that the district court abused its discretion by denying his motion in limine seeking to exclude the testimony of a government witness on the grounds of prosecutorial misconduct. Specifically, Staton argues that the prosecutor engaged in misconduct by failing to advise him of the witness’ inculpatory statements prior to filing a joint waiver of jury trial. Because we conclude that there was no prosecutorial misconduct, United States v. Mitchell, 1 F.3d 235, 240 (4th Cir.1993) (discussing standard), we find that the district court did not abuse its discretion in denying the motion in limine. Consequently, we affirm Sta-ton’s conviction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.