United States v. Vidal-Noriega
Opinion of the Court
MEMORANDUM
Miguel Vidal-Noriega appeals a drug, conspiracy and money laundering conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Vidal-Noriega raises two issues on appeal: 1) whether the prosecutor’s reference to two wire-transfer exhibits excluded at trial “reasonably could have affected the jury’s verdict,” and 2) “whether the admission into evidence of 24 moneygrams without foundation as to whether and by whom they were received was [imjproper.” We address each concern in turn.
First, “we review claims of prosecutorial misconduct for harmless error when the defendant objects at trial.” United, States v. Washington, 462 F.3d 1124, 1135 (9th Cir. 2006). The government admits that the prosecutor’s closing briefly referred to excluded wire-transfer exhibits. However, the judge found this “an honest mistake” and rectified it by instructing the jury to disregard the comment. See United States v. Davis, 932 F.2d 752, 761 (9th Cir. 1991) (“Ordinarily[,] cautionary instructions are sufficient to cure the effects of improper comments.”).
Additionally, the evidence against Vidal-Noriega, including properly admitted wire-
Second, we review the trial court’s evidentiary rulings for abuse of discretion. United States v. Turk, 722 F.2d 1439, 1441 (9th Cir. 1984). Contrary to Vidal-Noriega’s contention, the district court did not err by admitting into evidence 24 money-grams underlying seven counts
Appellant’s remaining arguments do not merit discussion.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Vidal-Noriega notes that, without the disputed exhibits, "the only evidence of those seven counts came from ['drug addict’ and ‘felon’ co-conspirators who were] not charged with any crime for [their] role in the conspiracy.” His attacks on the credibility of his co-conspirators were resolved by the jury, and we reject his attacks against the plea agreement, pursuant to which the co-conspirators apparently testified. See United States v. Moody, 778 F.2d 1380, 1384 (9th Cir. 1985) (upholding plea bargains contingent on truthful testimony), as amended, 791 F.2d 707 (9th Cir. 1986).
Reference
- Full Case Name
- United States v. Miguel VIDAL-NORIEGA
- Status
- Published