United States v. Beverly Iron Pipe-Begay

MEMORANDUM

Defendant Beverly Iron Pipe-Begay was convicted of theft of government money and making a false statement to a federal agency. She appeals her conviction on the basis that the district court’s evi-dentiary rulings precluded her from presenting a complete defense, and she also challenges the calculation of her restitution order. We affirm.

We review de novo whether there has been a violation of the right to present a defense. United States v. Stever, 603 F.3d 747, 752 (9th Cir.2010). Criminal defendants have a due process right to “a meaningful opportunity to present a complete defense,” which guarantees “the right to put before a jury evidence that might influence the determination of guilt.” Id, at 755 (internal quotation marks and citation omitted). In determining whether the exclusion of evidence violated this right, we are guided by the following factors: “the probative value of the evidence on the central issue; its reliability; whether it is capable of evaluation by the trier of fact; whether it is the sole evidence or merely cumulative; and whether it constitutes a major part of the attempted defense.” Id. at 756 (quoting Alcala v. Woodford, 334 F.3d 862, 877…