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United States v. Grable
Citation: 200 F. App'x 670Docket: No. 05-30360
Court: Court of Appeals for the Ninth Circuit; August 30, 2006; Federal Appellate Court
Kirk Grable was convicted of being a felon in possession of a firearm and possession of a machine gun after firearms were discovered in the bedroom of his then-girlfriend, Matrona Nevzuroff, on March 10, 2001. The court affirmed the district court's decisions under 28 U.S.C. 1291, finding no abuse of discretion in admitting evidence of two prior incidents (1996 and 1997) where Grable stored firearms at the Nevzuroff family trailer. These incidents were deemed relevant under the four-part test from United States v. Murillo, as they were directly material to Grable's control over the weapons and Matrona's potential complicity in hiding them. The prior acts were not too remote and similar enough to the current charges, with their probative value outweighing any potential prejudice against Grable. The district court also appropriately admitted testimony regarding Grable's controlling relationship with Matrona and her family, countering Grable's defense that Matrona or her family owned the weapons and that he had no access to the home. The jury's adverse credibility findings against Grable were supported by sufficient evidence, viewed favorably towards the prosecution. The court upheld the district court's denial of a mistrial after Matrona inadvertently mentioned illegal substances, determining that such mention was insubstantial and did not warrant a mistrial given the strength of the overall evidence. The verdict was affirmed, and the disposition is not to be published or cited in future cases except as provided by 9th Cir. R. 36-3.