United States v. Gerald D. James ( 1999 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 97-3815
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the
    * District of Nebraska.
    Gerald D. James,                         *
    *     [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: March 31, 1999
    Filed: April 6, 1999
    ___________
    Before RICHARD S. ARNOLD, WOLLMAN, and BEAM, Circuit Judges.
    ___________
    PER CURIAM.
    Gerald D. James appeals his convictions and resulting sentence in the district
    court1 after a jury trial on charges of conspiring to distribute methamphetamine and
    cocaine. We affirm.
    James argues the district court plainly erred by failing sua sponte to declare a
    mistrial in response to comments the government made in its closing argument
    1
    The Honorable Richard G. Kopf, United States District Judge for the District
    of Nebraska.
    regarding the guilty pleas of several government witnesses. However, we do not
    believe the jury’s verdict could reasonably have been affected by the prosecutor’s
    comments, especially given that both the government and the court cautioned the jurors
    against inferring James’s guilt from the guilty pleas of his coconspirators. See United
    States v. Johnson, 
    968 F.2d 768
    , 769-70 (8th Cir. 1992). James also argues the district
    court erred in refusing to depart downward under U.S. Sentencing Guidelines Manual
    § 5H1.4 (1998) based on his physical condition, but the court’s decision was
    discretionary, and thus unreviewable on appeal. See United States v. Saelee, 
    123 F.3d 1024
    , 1025 (8th Cir. 1997).
    Accordingly, we affirm.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 97-3815

Filed Date: 4/6/1999

Precedential Status: Non-Precedential

Modified Date: 4/17/2021