Defendant's conviction for being a felon in possession of ammunition is affirmed where: 1) the discrepancy between the caliber of ammunition charged in the indictment and the caliber of ammunition offered into evidence at trial was a variance, not a constructive amendment, and the variance was not a reversible error because it did not prejudice defendant; and 2) the district court did not abuse its discretion in denying defendant's request for a mistrial where the prejudicial effect of the objectionable question was de minimis, if at all, and the court gave a proper curative instruction to the jury.
Argued: August 5, 2009
Decided and Filed: October 8, 2009
Opinion by Circuit Judge Griffin
For Appellant: Needum L. Germany III, Office of the Federal Public Defender, Memphis, Tennessee
For Appellee: E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee