United States v. Gary Jerome Levinson

978 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Jerome LEVINSON, Defendant-Appellant. No. 90-50170. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1992. * Decided Nov. 4, 1992. Before WALLACE, Chief Judge, and TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary Jerome Levinson appeals the district court's exclusion of evidence he claims would support an affirmative defense to a charge of "failure to appear" under 18 U.S.C. § 3146 (a) (1988). We review de novo a district court's determination that insufficient evidence has been proffered to support a particular defense. United States v. Brebner, 951 F.2d 1017, 1024 (9th Cir.1991). We affirm. 3 * Levinson contends the district court improperly sustained the government's motion in limine excluding evidence the defendant claims constitutes an "uncontrollable circumstances" defense under 18 U.S.C. § 3146 (c): 4 It is an…