United States v. Darwin Wesley Martin

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darwin Wesley MARTIN, Defendant-Appellant. No. 92-50078. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 2, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Darwin Wesley Martin appeals his conviction, following a jury trial, for one count of bank robbery in violation of 18 U.S.C. § 2113 (a). Martin contends that the district court erred by refusing to allow him to try on a jacket in the presence of the jury without forgoing his Fifth Amendment right not to testify. We have jurisdiction under 28 U.S.C. § 1291 and reverse. 3 We review the district court's decision to exclude evidence for an abuse of discretion. United States v. Tham, 960 F.2d 1391, 1397 (9th Cir.1991); United States v. Walitwarangkul, 808 F.2d 1352, 1353 (9th Cir.), cert. denied, 481 U.S. 1023 (1987). 1 4 A…