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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.