United States v. Freddie Tsinnijinnie, Jr.

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Freddie TSINNIJINNIE, Jr. Defendant-Appellant. No. 92-10192. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1993. * Decided June 21, 1993. Before BROWNING, CHOY and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts and issues presented and we will not restate them here. 3 * Tsinnijinnie's right to confrontation was not violated because he was precluded from impeaching the victim's testimony with evidence she had previously fabricated allegations of abuse. While there were some minor inconsistencies in one of her prior accusations, there was no evidence they were false. See Hughes v. Raines, 641 F.2d 790, 793 (9th Cir.1981) (no confrontation clause violation in the preclusion of a rape victim's prior allegations that the district attorney had declined to prosecute). 4 Even if it was error not to admit the evidence…