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171754P.pdf   05/24/2018  United States  v.  Scott Allen Kopecky
   U.S. Court of Appeals Case No:  17-1754
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Gruender, Author, with Kelly, Circuit Judges] 
   [Filed Pursuant to Eighth Circuit Rule 47E] Criminal Case - conviction. 
   District court did not abuse its discretion in denying motion for mistrial 
   on the basis of prosecutorial misconduct when prosecutor elicited whether 
   Kopecky exercised his constitutional rights to withhold consent to search 
   his vehicle, because the exchange did not prejudicially affect his right 
   to a fair trial: the exchange was brief, ambiguous, and had little 
   potential for prejudicial effect; government presented strong independent 
   evidence of guilt; and district court issued a firm curative instruction 
   immediately after the exchange.