United States v. Carrillo
United States v. Carrillo
Opinion of the Court
We find that all of Carrillo’s challenges to his conviction lack merit. We thus affirm his conviction.
There was no violation under Brady v. Maryland.
The district court’s refusal to allow Carrillo to treat the informant as a hostile witness on direct examination did not violate Carrillo’s Sixth Amendment rights and, assuming without deciding that it was an abuse of discretion, it was harmless.
The district court also did not abuse its discretion in sustaining the government’s objections during Carrillo’s examination of the informant.
We also reject Carrillo’s challenge to the admission of the tapes. Carrillo never points to any factual assertions that could make the recorded statements hearsay in the first place.
The district court did not err in denying Carrillo’s motion for a new trial and did not abuse its discretion in denying a post-trial evidentiary hearing.
Finally, the district court did not commit clear error in refusing to depart downward for acceptance of responsibility in sentencing Carrillo.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
. See United States v. Zuno-Arce, 44 F.3d 1420, 1425-27 (9th Cir. 1995).
. See United States v. Mendoza-Prado, 314 F.3d 1099, 1103 (9th Cir. 2002).
. See United States v. Pearson, 274 F.3d 1225, 1233 (9th Cir. 2001); United States v. Shabani, 48 F.3d 401, 403 (9th Cir. 1995); United States v. Tsui, 646 F.2d 365, 368-69 (9th Cir. 1981).
. See Shabani, 48 F.3d at 403-04.
. See Fed.R.Evid. 801(c).
. See id. at % 801(d)(2).
. See United States v. Whitman, 771 F.2d 1348, 1351-52 (9th Cir. 1985).
. See United States v. Beckman, 298 F.3d 788, 795 (9th Cir. 2002).
. See United States v. Antonakeas, 255 F.3d 714, 725 (9th Cir. 2001) (reviewing de novo motion for new trial on Brady grounds); Unit
. See United States v. Hicks, 217 F.3d 1038, 1050 (9th Cir. 2000).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Richard CARRILLO, Defendant—Appellant
- Status
- Published