The following excerpt is from U.S. v. Candler, 133 F.3d 929, 1998 WL 4727 (9th Cir. 1997):
1. Denial of a motion for a new trial based on alleged prosecutorial misconduct is reviewed for an abuse of discretion. See United States v. Sayetsitty, 107 F.3d 1405, 1408 (9th Cir.1997). A defendant carries a significant burden to show that the district court abused its discretion in denying the motion for a new trial. See United States v. Endicott, 869 F.2d 452, 454 (9th Cir.1989). The district court's evidentiary rulings during trial are reviewed for an abuse of discretion. See United States v. Manning, 56 F.3d 1188, 1196 (9th Cir.1995). Improperly admitted evidence mandates reversal, unless the reviewing court is fairly assured that the error did not influence the verdict. See United States v. Brooke, 4 F.3d 1480, 1488 (9th Cir.1993).
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