United States v. German Corrales-Felix

MEMORANDUM

German Corrales-Felix appeals his jury conviction for importation of heroin and importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Corrales argues that the district court violated his due process right to present a complete defense by excluding exonerating testimony from his friend Gerardo Marquez. Corrales wanted to use the testimony to support his contention that he was a “blind mule” because someone else put the drugs in Corrales’s spare tire without his knowledge.

The exclusion of evidence purporting to show that someone else committed the crime is reviewed for abuse of discretion. See United States v. Vallejo, 237 F.3d 1008, 1024 (9th Cir. 2001); Guam v. Ignacio, 10 F.3d 608, 611 (9th Cir. 1993). “Evidence of third-party culpability is not admissible ‘if it simply affords a possible ground of suspicion against such person; rather, it must be cowpled with substantial evidence tending to directly connect that person with the actual commission of the offense’ ” Ignacio, 10 F.3d at 615 (quoting Perry v. Rushen, 713 F.2d 1447, 1449 (9th Cir. 1983)) (emphasis in Ignacio). “The Perry…