Linda Mays v. H.G. Rhodes

1The Honorable Andrew W. Bogue, Senior United States District Judge for the
District of South Dakota, sitting by designation.
2The Honorable Paul A. Magnuson, Chief Judge, United States District Court
for the District of Minnesota, sitting by designation.
3Pursuant to 28 U.S.C. § 46(b), the Chief Judge certified the existence of a
judicial emergency necessitating the designation of a panel consisting of fewer than two
members of the Court of Appeals.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-4017
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United States, *
*
Appellee, *
*
v. * Appeals from the United States
* District Court for the Northern
James Edward Clay, * District of Iowa
*
Appellant. * [UNPUBLISHED]
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Submitted: May 15, 2001
Filed: June 19, 2001
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Before BOWMAN, Circuit Judge, BOGUE,1 and MAGNUSON,2 District Judges.3
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PER CURIAM.

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James Edward Clay appeals his convictions for the transportation of stolen
vehicles, sale or receipt of stolen vehicles as well as conspiracy to commit the same.
Clay argues there was insufficient evidence to convict him. Further, he asserts the trial
court erred when it did not declare a mistrial after an improper question by the
prosecution and commentary by the court.
This Court has scrutinized the record thoroughly and has determined that Clay’s
arguments are without merit. There was clearly sufficient evidence to support the
verdict and the trial court properly gave a curative instruction after the improper
question by government counsel. Under Eighth Circuit Rule 47B, no further
commentary is necessary.
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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