Does a district court abuse its discretion in denying a mistrial where the prosecutor's improper statement is not prejudicial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cardenas-Mendoza, 579 F.3d 1024 (9th Cir. 2009):

A district court does not abuse its discretion in denying a mistrial where the prosecutor's improper statement is not prejudicial. Washington, 462 F.3d at 1135-36. The government's inability to produce evidence promised in an opening statement "would appear to harm the Government's case rather than the defense." United States v. Monks, 774 F.2d 945, 955 (9th Cir.1985) (citation omitted). A curative instruction may obviate the impact of the government's statements, as juries are assumed to follow the court's instructions. United States v. Steele, 298 F.3d 906, 913 (9th Cir.2002); United States v. McChristian, 47 F.3d 1499, 1508 (9th Cir.1995).

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