United States v. Hobson

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 14, 2004
Charles R. Fulbruge III
Clerk
No. 03-60758
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
EMMANUEL HOBSON, also known as Emmauel Hobson
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:03-CR-7-ALL-LN
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Before KING, Chief Judge, and WIENER and PRADO, Circuit Judges.
PER CURIAM:*
Emmanuel Hobson appeals from his jury-trial conviction for
being a felon in possession of a firearm, in violation of 18
U.S.C. § 922(g)(1). Hobson argues that the district court
reversibly erred in refusing to grant his motion for a mistrial.
When questioned on direct examination, the arresting officer
mentioned that Hobson had previously been in jail for house
burglary. Hobson argues that this testimony violated his rights
under Old Chief v. United States, 519 U.S. 172 (1997),
*
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this opinion should not be published and is not precedent except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. 03-60758
-2-
necessitating a mistrial. The denial of a motion for mistrial is
reviewed for abuse of discretion. See United States v. Coveney,
995 F.2d 578, 584 (5th Cir. 1993).
Juries are presumed to follow the trial court’s
instructions. See Zafiro v. United States, 506 U.S. 534, 540-41
(1993). The mention of the nature of Hobson’s prior conviction
was rendered harmless by the district court’s curative
instructions. See United States v. Munoz, 150 F.3d 401, 412 n.11
(5th Cir. 1998). The judgment of the district court is AFFIRMED.