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U.S. v. GABALDON

No. 95-2223.

91 F.3d 91 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Steve Edward GABALDON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

Stephen P. McCue, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Mary Catherine McCulloch, Assistant U.S. Attorney (John J. Kelly, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, BRISCOE and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

We are asked to clarify the standard of appellate review for claimed prosecutorial trial misconduct. Defendant Steve Edward Gabaldon appeals his conviction for burglary, in violation of 18 U.S.C. §§ 1152 and 13 and N.M. Stat. Ann. § 30-16-3(A), and larceny, in violation of 18 U.S.C. §§ 1152 and 661. Mr. Gabaldon argues that the district court should have granted his motion for a mistrial on the basis of three instances...

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