United States v. Granados
United States v. Granados
Opinion of the Court
MEMORANDUM
Defendant Ernesto Granados appeals his conviction, after a jury trial, of various methamphetamine-related charges.
1. Defendant argues that the district court abused its discretion when it refused to allow co-defendant Alvarez to testify to
Assuming, without deciding, that the district court did not engage in the balancing required under Rule 403 of the Federal Rules of Evidence, an evidentiary error results in reversal only if the error more likely than not affected the verdict. United States v. Pang, 362 F.3d 1187, 1192 (9th Cir.), cert. denied, — U.S.-, 125 S.Ct. 372, 160 L.Ed.2d 256 (2004). Here, that effect is absent. The evidence of Defendant’s guilt was extensive, and the district court did allow Alvarez to testify to the substance of the desired testimony.
2. Defendant also argues that the trial court’s evidentiary ruling deprived him of due process by disallowing a defense. But the district court limited Alvarez’ testimony only slightly. Alvarez did testify to the fact that he faced a substantial prison term and that he could receive an additional sentence for perjury. Omitting the precise number of years Alvarez could spend in prison did not materially detract from the defense.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.