United States v. Behrooz Badie

MEMORANDUM

Defendantr-Appellant Behrooz Badie appeals the district court’s entry of judgment and imposition of sentence. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

We reject Defendant-Appellant’s argument that the trial court abused its discretion by denying Defendant-Appellant’s motion to exclude Agent Sommercamp’s testimony. The trial court did not commit error under United States v. Curtin, 489 F.3d 935, 957-58 (9th Cir.2007) (en banc), because the FBI 302s at issue were not proffered or received as evidence. Additionally, “[ijssues of credibility are to be resolved by the jury, not the trial court.” United States v. Evans, 728 F.3d 953, 964 (9th Cir.2013) (quoting Rainey v. Conerly, 973 F.2d 321, 326 (4th Cir.1992)) (internal quotation marks omitted).

We likewise reject Defendant-Appellant’s claim that Judge Garcia committed plain error by failing to recuse himself. Judge Garcia did not “display a deep-seated favoritism or antagonism that would make fair judgment impossible.” Liteky v. United States, 510 U.S. 540, 555 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994). At most, Judge Garcia’s actions and comments were permissible “expressions of impatience,…