Submitted: March 15, 2018
from United States District Court for the District of North
Dakota - Fargo
GRUENDER, MURPHY, and KELLY, Circuit Judges. 
GRUENDER, CIRCUIT JUDGE.
Kopecky was indicted on one count of conspiracy to possess
with intent to distribute and to distribute a controlled
substance. See 21 U.S.C. § 841(a)(1);
id. § 846. A jury found Kopecky guilty of the
offense. Kopecky now appeals the district
court's denial of his motion for mistrial, arguing
that prosecutorial misconduct deprived him of a fair trial.
Because the district court did not abuse its discretion in
denying this motion, we affirm Kopecky's conviction.
was charged as part of a conspiracy to distribute
methamphetamine. The conspiracy involved Jesus Radillo, Molly
McGuire, and Erik Benson, among others. At trial, Radillo,
McGuire, and Benson testified as to the details and
circumstances surrounding the conspiracy, and the Government
presented financial and telephone records that corroborated
various aspects of their testimony. This evidence
established, among other things, that Radillo supplied
Kopecky with an estimated thirty to forty pounds of
methamphetamine over the course of several months. Kopecky in
turn began supplying others with methamphetamine, including
McGuire, who served as one of his distributors. On one
occasion in early 2014, Kopecky and his girlfriend, Toniah
Lorge, met McGuire and Radillo in Devils Lake, North Dakota.
Kopecky bought two pounds of methamphetamine from Radillo and
then offered to sell an ounce or two to McGuire.
hours after the meeting at Devils Lake, Deputy John Grabanski
conducted a traffic stop of a van in Grand Forks, North
Dakota. Lorge was driving the vehicle, and Kopecky was in the
passenger seat. Deputy Grabanski testified that he placed
Lorge in the back of his patrol car after determining that
she had a suspended license. He then asked Kopecky for
identification. Kopecky initially provided a false name and
no identification, but he eventually revealed his true
identity. Because there was an active warrant for his arrest,
Kopecky was placed in the back of the patrol car as well.
Deputy Grabanski then asked for consent to search the van,
which was denied. After a drug-sniffing dog arrived on scene,
but before the sniff, Kopecky admitted that there was
marijuana in the vehicle. Once the marijuana was removed, the
dog was deployed and indicated near the back of the van.
Inside, officers found methamphetamine, a scale, multiple
sizes of Ziploc bags, and at least seven cell phones.
point during direct examination, while the prosecutor was
questioning Deputy Grabanski about what happened after he
placed Lorge and Kopecky in the back of his squad car, the
following exchange occurred:
Q: What happened?
A: Okay. I had them both in the back of my vehicle. I asked
consent to search the vehicle at that point.
Q. Did you get ...