United States v. Joe Benally

MEMORANDUM

Joe Arviso Benally appeals two-counts of conviction arising from the killing of Carlos Harvey: (1) involuntary manslaughter under 18 U.S.C. §§ 1112 and 1153 and (2) using a firearm in connection with a “crime of violence” under 18 U.S.C. § 924 (c). We have appellate jurisdiction under 28 U.S.C. § 1291 . In a separate opinion, we reverse Benally’s § 924(c) conviction because involuntary manslaughter is not a “crime of violence.” In this memorandum disposition, we address the balance of his claims.

1. We affirm Benally’s conviction for involuntary manslaughter. The district court’s limitations on Benally’s cross-examination of Donovan Levi did not violate the Confrontation Clause. The various limitations on cross-examination did not exclude evidence relevant to Benally’s bias defense or did so in a manner that left sufficient information for the jury to evaluate Donovan’s credibility. See United States v. Larson, 495 F.3d 1094, 1103 (9th Cir. 2007) (en banc).

The admission of the autopsy photos of the victim’s heart and open chest cavity did not create a danger of undue prejudice that substantially outweighed their probative value. See Fed. R. Evid. 403. The photos…