United States v. Ernesto Hernandez

MEMORANDUM

Defendant-Appellant Ernesto Hernandez appeals his conviction of one count of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 841(b)(1)(A), and one count of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(C). We affirm.

1. “We review the district court’s decision to ... exclude evidence for an abuse of discretion.” United States v. Edwards, 235 F.3d 1173, 1178 (9th Cir.2000) (per curiam); see also United States v. Osazuwa, 564 F.3d 1169, 1173 (9th Cir.2009). “A district court abuses its discretion when it bases its decision on an erroneous view of the law or a clearly erroneous assessment of the facts.” United States v. Morales, 108 F.3d 1031, 1035 (9th Cir.1997) (en banc). Despite a district court’s error, where “there is a ‘fair assurance’ of harmlessness ... [, i.e.,] it is more probable than not that the error did not materially affect the verdict,” we will affirm. United States v. Moran, 493 F.3d 1002, 1014 (9th Cir.2007) (quoting Morales, 108 F.3d at 1040 ); see also United States v. Seschillie, 310 F.3d 1208, 1214-16…