Does a prosecutor have any authority to order a mistrial?

A district court should order a mistrial when a prosecutor acts in some way that deprives a defendant of a fair trial. Yarbrough, 852 F.2d at 1539. The prosecutor did nothing in this case to deprive the Woods of a fair trial. The prosecutor referred to several actions taken by the Woods that were included in, or related to, acts listed in the indictment as part of the conspiracy. The prosecutor was free to refer to acts connected to the crime. See Cota v. Eyman, 453 F.2d 691, 694 (9th Cir.1971), cert. denied, 406 U.S. 949, 92 S.Ct. 2054, 32 L.Ed.2d 338 (1972) (prosecutor referred several times to conversations between co-defendants about the crime). Furthermore, the record indicates that the prosecutor later presented evidence to the jury that confirmed the remarks in his opening statement. The court did not abuse its discretion when it refused to order a mistrial.