United States v. Matsunaga
Opinion of the Court
MEMORANDUM
Sean Matsunaga, who was convicted of several offenses stemming from his participation in a bank robbery, appeals his convictions and sentence. We conclude that Matsunaga is entitled to a limited remand under United, States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), but we affirm in all other respects.
Matsunaga’s venue arguments are without merit. His presumed prejudice claim fails because he did not introduce any evidence that he suffered “a barrage
Matsunaga’s evidentiary challenges are also unavailing. The government expert’s use of a demonstrative aid was permissible, especially given that the district court gave a limiting instruction and Matsunaga’s counsel had an opportunity for cross-examination. See United States v. Cox, 633 F.2d 871, 874 (9th Cir. 1980). The district court also properly admitted the flash suppressor. The suppressor was relevant to the government’s case, particularly the charge that Matsunaga carried an assault weapon during the robbery. See, e.g., United States v. Browne, 829 F.2d 760, 766 (9th Cir. 1987) (no abuse of discretion in the admission of a gun where “key prosecution witnesses linked the gun in question to the robbery”). Nor did any unfair prejudice result from the introduction of the suppressor. “While the admission of a firearm is improper where the firearm does not relate to any charges against the defendant,” that is demonstrably not the case here. United States v. Tarazon, 989 F.2d 1045, 1053 (9th Cir. 1993).
Matsunaga raises two sentencing objections. He appeals the enhancement of his sentence for two victims’ injuries, see U.S.S.G. § 2B3.1(b)(3)(A),
Nor did the district court err by increasing Matsunaga’s sentence for a co-conspirator’s carjacking. See U.S.S.G. § 2B3.1(b)(5). The court found that the robbers left one of their co-conspirators behind when they escaped. The court further found it to be reasonably foreseeable that this co-conspirator would seek another means of escape. These factual findings are not clearly erroneous, and the enhancement was properly given. See United States v. Franklin, 321 F.3d 1231, 1236 (9th Cir. 2003) (district court’s foreseeability findings reviewed for clear error).
The district court sentenced Matsunaga prior to the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 749-50, 160 L.Ed.2d 621 (2005). In light of Booker, we remand this sentence to the district court “to answer the question whether [Matsunaga’s] sentence would have been different had the court known that the Guidelines were advisory.” Ameline, 409 F.3d at 1079.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. All citations to the Federal Sentencing Guidelines refer to the version that became effective on November 1, 2002.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Sean MATSUNAGA, Defendant—Appellant
- Cited By
- 2 cases
- Status
- Published