Curative Instruction and Overwhelming Evidence Save Felon-in-Possession Conviction

U.S. v. Velarde, 2006 WL 1755958 (6/28/06)(unpub'd) - In a felon in possession case, officers' testimony indicating the defendant had an extensive criminal history and was dangerous, while "very troubling," did not warrant mistrial given curative instruction and overwhelming nature of the evidence. Strangely, the jury found the defendant guilty of possessing a firearm, but acquitted him of possessing a sawed-off shotgun---the same firearm they had found him guilty of possessing with respect to the first count. The defense was not a lack of knowledge that the gun was sawed-off.