United States v. Ezequiel Pimentel-Quiroz

MEMORANDUM

Following a five-day trial, a jury convicted Defendant Ezequiel Alejandro Pimentel Quiroz of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2), and 924(e). He timely appeals, challenging the conviction. We affirm.

1. Assuming, without deciding, that the district court abused its discretion in failing to give a limiting instruction concerning the jury’s consideration of Defendant’s prior convictions, any error was harmless. See Fed.R.Crim.P. 52(a) (providing that a non-constitutional error does not require reversal unless it is “more probable than not” that the error affected the verdict); United States v. Rohrer, 708 F.2d 429, 482 (9th Cir.1983) (stating same standard). In view of the eyewitness testimony of a disinterested witness; Defendant’s formal and informal confessions about possession of the firearm; his own testimony as to his prior convictions; and Defendant’s changing stories, we are confident that any error had no effect on the verdict.

2. The district court did not plainly err in instructing the jury with respect to Defendant’s earlier admission of guilt regarding possession of the firearm. See Fed. R.Crim.P.…