United States v. Edward Perez

MEMORANDUM

Edward J. Perez appeals his conviction for felony possession of a firearm in violation of 18 U.S.C. § 922 (g)(1), claiming the trial court deprived him of his right to a fair trial and due process when it admitted testimony describing his flight from the police and resistance to arrest. We affirm. Because the parties are familiar with the facts and procedural history, we will not recount them here.

Perez’s claims, as his sole issue raised on appeal, that the testimony detailing his flight from the police and resistance to arrest was so prejudicial that it should have been excluded under Federal Rule of Evidence 403, and that the admission of such evidence constitutes reversible error. Rule 403 allows for the exclusion of relevant evidence “if its probative value is substantially outweighed by the danger of unfair prejudice.” Fed.R.Evid. 403. This panel reviews the district court’s decision to admit evidence under Rule 403 for abuse of discretion. United States v. Curtin, 489 F.3d 935, 943 (9th Cir.2007) (en banc). The district court need not recite the Rule 403 test when deciding whether to admit evidence. United States v. Daly, 974 F.2d 1215, 1217 (9th…