United States v. Luis Salas-Rivera
UNITED STATES of America, Plaintiff-Appellant, v. Luis Fernando SALAS-RIVERA, Defendant-Appellee
- Area
- other
- Panel
- Ferdinand F. Fernandez (author), Barry G. Silverman, Block
Analysis
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Opinion
FILED NOT FOR PUBLICATION APR 19 2012
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50595 Plaintiff - Appellant, D.C. No. 3:09-cr-04427-H-1 v. MEMORANDUM * LUIS FERNANDO SALAS-RIVERA, Defendant - Appellee.
Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Argued and Submitted April 11, 2012 Pasadena, California Before: FERNANDEZ and SILVERMAN, Circuit Judges, and BLOCK, Senior District Judge.** The government appeals the district court’s grant of a new trial in this case.
Fed. R. Crim. P. 33(a) allows the district court to grant a new trial “if the interest of justice so requires.” We review the district court’s grant of new trial for an abuse * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Frederic Block, Senior United States District Judge for the Eastern New York, sitting by designation. of discretion. United States v. Kellington, 217 F.3d 1084, 1094-95 (9th Cir. 2000).
We affirm the grant of a new trial because the district court acted within its discretion in concluding that the expert testimony was unduly prejudicial under Fed. R. Evid. 403 and likely resulted in a miscarriage of justice.
AFFIRMED.