Opinion
No. 08-30716 Conference Calendar.
February 12, 2010.
Michael J. Jefferson, U.S. Attorney's Office Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.
Damico Stockstill, Baton Rouge, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:05-CR-89-1.
Before GARZA, DENNIS, and ELROD, Circuit Judges.
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 affirmance is GRANTED, and the judgment of the district court is AFFIRMED.