United States v. Perry

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 2, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20643
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES A. PERRY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-425-1
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Before JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM:*
Charles A. Perry appeals his conviction and sentence for
knowingly possessing a firearm after having been convicted of a
felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Perry argues that there was insufficient evidence to prove beyond
a reasonable doubt that he knowingly possessed the firearm. He
also contends that the prosecutor’s misrepresentation of
evidence during closing statements constitutes reversible error.
We have reviewed the record and the briefs submitted by the

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No. 02-20643
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parties and hold that the evidence adduced at trial was
sufficient to support Perry’s conviction. See United States v.
Ortega Reyna, 148 F.3d 540, 543 (5th Cir. 1998); United States v.
Lombardi, 138 F.3d 559, 560 (5th Cir. 1998); United States v.
Mergerson, 4 F.3d 337, 349 (5th Cir. 1993). Furthermore, the
district court’s admonishments to the jury both prior to and
during closing arguments to recall and consider only the evidence
presented at trial cured any prejudicial effect resulting from
the prosecutor’s closing statements. See United States v.
Andrews, 22 F.3d 1328, 1341 (5th Cir. 1994); United States v.
Tomblin, 46 F.3d 1369, 1390-91 (5th Cir. 1995).
AFFIRMED.

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