United States v. Johnny Soliz

MEMORANDUM

Johnny Soliz appeals his conviction of one count of assault with intent to rob a custodian of the United States mail, in violation of 18 U.S.C. § 2114 (a), and his subsequent sentencing to 120 months in prison. We have jurisdiction under 28 U.S.C. § 1291 and affirm both Soliz’s conviction and sentence.

Soliz argues that the district court committed reversible error by allowing the government to introduce testimony at trial that constituted inadmissible hearsay, violated his constitutional right to confront the witnesses against him, and amounted to improper vouching and bolstering in violation of his due process rights. Soliz’s counsel conceded at oral argument that we review these claims for plain error because Soliz did not make timely, correct, and specific objections at trial to the evidence he now challenges on appeal. See United States v. Gomez-Norena, 908 F.2d 497, 500 (9th Cir.1990).

Under this standard, we will reverse if there is “(1) error, (2) that was plain, and (3) that affected substantial rights.” United States v. Ramirez, 537 F.3d 1075, 1081 (9th Cir.2008). Such “[rjeversal is proper only if, viewed in the context of the entire trial, the impropriety…