United States of America v. Michael Rippie

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL RIPPIE,
Defendant - Appellant.
No. 13-10615
D.C. No. 2:13-cr-154-GMN-PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief District Judge, Presiding
Submitted April 16, 2015 **
San Francisco, California
Before: KOZINSKI and GRABER, Circuit Judges, and BENSON,*** District
Judge.
Rippie appeals his jury conviction of possession of a firearm by a person
previously committed to a mental institution, in violation of 18 U.S.C. § 922(g)(4),
FILED
APR 20 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Dee V. Benson, United States District Judge for the
District of Utah, sitting by designation.

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and making a false statement to acquire a firearm, in violation of 18 U.S.C.
§ 922(a)(6). The trial court did not abuse its discretion by admitting evidence
regarding a state judge’s refusal to return firearms to Appellant because of his prior
commitment to a mental institution. Such evidence was unquestionably relevant to
respond to Appellant’s defense and posed no risk of unfair prejudice, particularly
in light of the district court’s thorough limiting instruction. The government’s
references to this testimony in closing argument did not constitute prosecutorial
misconduct because they were consistent with the limiting instruction.
AFFIRMED.
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