United States v. Michael A. Podmenik

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael A. PODMENIK, Defendant-Appellant. No. 90-10377. United States Court of Appeals, Ninth Circuit. Submitted April 17, 1992. * Decided Aug. 18, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM *** 2 * Michael Podmenik and three co-defendants were convicted of four charges arising from an attempt to smuggle approximately 20,000 pounds of Thai Marijuana into the United States aboard the fishing vessel Pyrgos. Podmenik argues that the district court imposed a "blanket" prohibition on recross examination in violation of his Sixth Amendment right to a fair trial. He also argues that the district court erred in admitting evidence of the weight of a truckload of marijuana under the business records exception to the hearsay rule. We affirm. II A. RECROSS EXAMINATION 3 During trial, the judge stated in response to a request by counsel for a…