United States v. Kenny Oriyomi

MEMORANDUM

Kenny Bukola Oriyomi appeals from his conviction of three counts of bank fraud, three counts of money laundering, and one count of failure to file a tax return. He contends that the district court erred in its evidentiary rulings and its instructions to the jury. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

I

Oriyomi asserts that the district court abused its discretion in permitting cross-examination testimony regarding specific instances of conduct pursuant to Rule 608(b) of the Federal Rules of Evidence because they were unfairly prejudicial pursuant to Rule 403 of the Federal Rules of Evidence. He further asserts that the evidence created an inference of the existence of extrinsic evidence not allowed under Rule 608(b).

This Court has adopted a two-part test to determine whether a district court abused its discretion. United States v. Hinkson, 585 F.3d 1247, 1261 (9th Cir.2009) (en banc).

Id. at 1261-62 (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 577 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985)).

Rule 608(b) allows specific instances of conduct of a witness to be inquired into on cross-examination if probative of truthfulness or…