United States v. Jonathan Herrera

MEMORANDUM

A jury convicted Jonathan Vieyra Herrera of five counts of making a False Statement in Connection with the Acquisition of a Firearm, 18 U.S.C. § 924 (a)(1)(A).

Herrera was convicted following his purchase of five guns from October 26-27, 2010. Herrera’s associate Charles Fuller, who drove him to a series of gun dealers, immediately took possession of the guns that Herrera purchased, and paid Herrera a markup.

At trial, over Herrera’s objection that the testimony was hearsay, the district court allowed testimony from an ATF agent that the agent and a confidential informant had a standing order with Fuller for certain types of guns. The court overruled the objection, finding that the testimony was not hearsay.

This court reviews de novo whether the district court correctly construed the hearsay rule, and reviews the decision to admit evidence as non-hearsay for abuse of discretion. United States v. Washington, 462 F.3d 1124, 1135 (9th Cir.2006). Where hearsay is admitted in error, it is subject to harmless error review and this court will reverse only if there is grave doubt whether the erroneously admitted evidence substantially affected the verdict. United States v.…