Summary Calendar UNITED STATES OF AMERICA v. Joe Luis Lerma

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-41187
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOE LUIS LERMA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:07-CR-41-ALL
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Joe Luis Lerma appeals his jury conviction for Medicare and Medicaid
fraud. He argues that the district court abused its discretion in denying his
motion for mistrial following the testimony of Jennifer Allen, which, he contends,
gave the jury the impression that he had committed crimes or bad acts not
alleged in the indictment.
Lerma is entitled to a new trial “only [if], after a review of the entire
record, it appears that there is a significant possibility that the prejudicial
United States Court of Appeals
Fifth Circuit
F I L E D
July 23, 2008
Charles R. Fulbruge III
Clerk

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No. 07-41187
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evidence had a substantial impact on the jury verdict.” United States v. Lucas,
516 F.3d 316, 345 (5th Cir. 2008), petition for cert. filed, (June 2, 2008) (No. 07-
1512). The prejudicial effect of Allen’s testimony was rendered harmless by the
district court’s curative jury instructions; Lerma’s lack of credibility, as
evidenced by his own contradictory testimony; and the overwhelming evidence
of his guilt. The denial of Lerma’s motion for mistrial was therefore not an
abuse of discretion. See id.
AFFIRMED.

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