United States v. Gary Fernandez

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 FERNANDEZ, Defendant-Appellant. No. 91-10172. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1992. * Decided Nov. 13, 1992. 1 Before GOODWIN, FARRIS and PREGERSON Circuit Judges. 2 MEMORANDUM ** 3 Gary Fernandez appeals his jury conviction and sentence for wire fraud ( 18 U.S.C. § 1343 ), mail fraud ( 18 U.S.C. § 1341 ), receipt of stolen property ( 18 U.S.C. § 2315 ), interstate transportation of stolen property ( 18 U.S.C. § 2314 ), and making false statements to a federal agent ( 18 U.S.C. § 1001 ). Fernandez contends that the district court erred in: (1) excluding arguably exculpatory, newly-discovered evidence; (2) excusing a prosecution witness before the witness was confronted with his allegedly prior inconsistent statement; (3) admitting various government exhibits as business records or summaries; and (4)…