DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
231192P.pdf 12/04/2023 United States v. Juanita White Shield
U.S. Court of Appeals Case No: 23-1192
U.S. District Court for the District of North Dakota - Western
[PUBLISHED] [Benton, Author, with Shepherd and Kelly, Circuit Judges]
Criminal case - Criminal law and sentencing. Defendant contends the
district court erred in denying her motion for a mistrial after a witness
mentioned that defendant was on probation at the time of the assault in
this case; in light of the overwhelming evidence of defendant's guilt and
the district court's precautionary acts of striking the references from
the record and giving a cautionary instruction, the district court did not
err in determining the remarks had minimal, if any effect on the jury
verdict; the written judgment and oral pronouncement of sentence contained
a discrepancy concerning the dollar amount of restitution, and the matter
is remanded to have the written judgment conformed to the oral
pronouncement.