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No. 12-4258
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Benson Everett Legg, District Judge.
(1:10-cr-00703-BEL-1)
Submitted:
Decided:
PER CURIAM:
Kevin
possessing
Jermaine
firearm
as
Johnson
a
appeals
felon,
in
his
conviction
violation
of
18
for
U.S.C.
Johnson
evidence,
propriety
the
constitutionality
of
evidentiary rulings.
Johnson
challenges
of
the
the
statute,
the
sufficiency
jury
and
of
the
instructions,
the
the
district
courts
asserts
that
922(g)(1),
as
interpreted,
Because a panel
Johnsons
argument
must
fail.
See,
e.g.,
United
Further,
because
district
the
statute
is
valid
as
interpreted,
the
most
favorable
to
the
Government,
to
support
it.
United
States v. Abu Ali, 528 F.3d 210, 244 (4th Cir. 2008) (internal
quotation
marks
and
brackets
omitted).
[I]f
the
evidence
We thus conclude
States
Although
v.
Hodge,
354
Johnson
argues
that
F.3d
his
305,
312
(4th
exculpatory
Cir.
2004).
statement
was
We
therefore conclude that the district court did not abuse its
discretion in denying his request for its admission.
Johnson finally argues that the district court erred
when
it
denied
his
motion
for
mistrial
based
on
an
reviewed
for
an
abuse
of
discretion.
United
States
v.
To show an abuse of
discretion,
the
defendant
must
show
prejudice.
Id.
In
We
because
conclude
the
challenged
that
Johnsons
Government
statement,
the
did
not
district
challenge
is
without
purposefully
court
Id. at 817-
elicit
provided
merit
the
curative
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED