US v. Nishon Rainner

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cr-00055-CCB-1. Copies to all parties and the district court/agency [999855856]. [15-4577, 15-4623]

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Appeal: 15-4577 Doc: 45 Filed: 06/16/2016 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4577 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NISHON Buddy, QUINTE RAINNER, a/k/a Rodney Oblin Nicolas, a/k/a Defendant - Appellant. No. 15-4623 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NISHON QUINTE RAINNER, Defendant - Appellant. Appeals from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Chief District Judge. (1:15-cr-00055-CCB-1; 1:15-cr-00269-CCB-1) Submitted: June 14, 2016 Decided: Before WILKINSON, DIAZ, and THACKER, Circuit Judges. June 16, 2016 Appeal: 15-4577 Doc: 45 Filed: 06/16/2016 Pg: 2 of 4 Affirmed by unpublished per curiam opinion. Richard Bardos, SCHULMAN, HERSHFIELD & GILDEN, P. A., Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Judson T. Mihok, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 15-4577 Doc: 45 Filed: 06/16/2016 Pg: 3 of 4 PER CURIAM: In these consolidated appeals, Nishon Quinte Rainner appeals his convictions, following a jury trial, for two counts of possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2012), and the district court’s judgment, based on these convictions, revoking his supervised release in a separate criminal matter and sentencing him to 18 months’ imprisonment consecutive to the 100-month term imposed on the substantive charges. Rainner argues that the district court erred by admitting evidence that the firearms and ammunition had mistrial. We have reviewed the record and conclude that the district court been did stolen not and by commit denying his reversible motion error for in a its evidentiary rulings; the admission of evidence that the firearms were stolen was not an abuse of discretion, United States v. Williams, court’s 445 F.3d evidentiary 724, 732 rulings (4th Cir. arbitrary 2006), or nor were irrational, States v. Cole, 631 F.3d 146, 153 (4th Cir. 2011). the United In addition, we conclude there was no basis for granting a mistrial. States v. Dorlouis, 107 F.3d 248, 257 (4th Cir. 1997). United And the district court’s curative instruction regarding the Government’s statement during its closing argument was sufficient to erase any confusion on the part of the jury. 3 Accordingly, we affirm Appeal: 15-4577 Doc: 45 Filed: 06/16/2016 Pg: 4 of 4 the district court’s judgments. * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED * Rainner raises no challenges on appeal to the revocation of his supervised release or to his sentence. 4

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