United States of America v. Jerry Ferreira

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRY FERREIRA,
Defendant - Appellant.
No. 09-30230
D.C. No. 1:08-cr-00235-EJL-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted July 13, 2010**
Portland, Oregon
Before: GOODWIN, PREGERSON and WARDLAW, Circuit Judges.
Jerry Ferreira appeals his conviction, following a jury trial, of unlawful
possession of a firearm. 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Ferreira contends
that an informant’s statement on direct examination that he met Ferreira in jail a
FILED
JUL 15 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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year or so prior to the firearms purchase was highly prejudicial and constitutes
error requiring reversal. Because Ferreira did not object to the statement at trial,
we review for plain error. See Fed. R. Crim. P. 52(b); United States v. Olano, 507
U.S. 725, 731-32 (1993); United States v. Ortiz, 362 F.3d 1274, 1278 (9th Cir.
2004). We affirm.
Plain error exists if the error is clear and obvious, highly prejudicial, and
affects the defendant’s “substantial rights,” that is, if it “affect[s] the outcome of
the district court proceedings.” Olano, 507 U.S. at 732-34. Here, however, there
is no evidence that the statement affected the outcome of the trial. The jury knew
that Ferreira had a criminal history because the parties stipulated that he was
previously “convicted of a crime punishable by imprisonment for a term exceeding
one year,” the prosecutor never mentioned or relied on the statement, and the jury
heard overwhelming independent evidence of Ferreira’s guilt. Therefore, the
informant’s testimony that he met Ferreira in prison is not plain error.
AFFIRMED.

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