United States v. First Smoke
United States v. First Smoke
Opinion of the Court
MEMORANDUM
LeeAnn First Smoke appeals from the judgment entered following her conviction by a jury of two counts of involuntary manslaughter pursuant to 18 U.S.C. §§ 1153(a) and 1112. She contends that the district court abused its discretion, pursuant to Rule 403 of the Federal Rules of Evidence, by denying her motion to exclude evidence that tests revealed that she had consumed alcohol prior to the automobile accident that resulted in the death of two persons. We affirm because we conclude that the district court did not abuse its discretion in concluding that the probative value of the results of the blood alcohol test outweighed its prejudicial effect in corroborating the testimony of prosecution witnesses, who had also been drinking, that they observed First Smoke driving under the influence of alcohol.
I
First Smoke contended at trial that the fact that she was tested for blood alcohol over two hours after the accident was not relevant to establish that she was committing the crime of driving under the influence of alcohol when the deaths occurred. She also argued that evidence of her blood alcohol test results should be excluded under Federal Rule of Evidence 403. The district court denied First Smoke’s motion to exclude evidence that the blood tests revealed that she had earlier consumed alcohol, but precluded the prosecution from presenting evidence that her blood alcohol content was .10, or that by extrapolation her blood alcohol content at the time of the accident was approximately .13. We review a trial court’s decision to admit or exclude evidence under Rule 403 of the Federal Rules of Evidence for abuse of discretion. United States v. Crosby, 75 F.3d 1343, 1346 (9th Cir. 1996).
To convict First Smoke of violating 18 U.S.C. §§ 1153(a) and 1112, the Government had to persuade the jury beyond a reasonable doubt that First Smoke killed a person while committing the unlawful act of driving under the influence of alcohol.
The district court also reduced the potential of unfair prejudice by cautioning the jury that admission of the blood test evidence “is very limited and it is for you to consider whether or not, in your determination, ... there had been drinking. You can weigh this evidence along with all the other evidence you have heard.” See United States v. Hankey, 203 F.3d 1160, 1173 (9th Cir. 2000) (noting the importance of the district judge’s limiting instruction regarding evidence that the defendant had sought to exclude under Rule 403). It is presumed that juries will follow the district court’s limiting instructions. United States v. Escalante, 637 F.2d 1197, 1202 (9th Cir. 1980).
First Smoke also suggests that the evidence regarding the blood alcohol test should have been excluded under Rule 403 because it caused undue delay. This contention finds no support in the record. The forensic scientist who presented this evidence was asked only four questions on direct examination. There was no cross-examination. His entire testimony before the jury is contained in thirteen lines of the court reporter’s transcript. The presentation of the results of the blood alcohol test did not cause undue delay, nor did it include needless cumulative evidence.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
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