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U.S. v. MILLER

No. 10-1187.

621 F.3d 723 (2010)

UNITED STATES of America, Appellee, v. Frederick MILLER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2010.

Attorney(s) appearing for the Case

Stephen C. Moss , Asst. Fed. Public Defender, Kansas City, MO, argued ( Raymond C. Conrad, Jr. , Fed. Public Defender, on the brief), for appellant.

David A. Barnes , Asst. U.S. Atty., Kansas City, MO, argued ( Beth Phillips , U.S. Atty., Lajuana M. Counts , Asst. U.S. Atty., on the brief), for appellee.

Before SMITH and HANSEN, Circuit Judges, and WEBBER, District Judge.

SMITH, Circuit Judge.

A jury found Frederick Miller guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and the district court sentenced him to 57 months' imprisonment. On appeal, Miller argues that (1) the district court abused its discretion by allowing prosecutorial misconduct during closing argument; (2) the district court erred in allowing the government to misrepresent testimony about the sound...

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