United States v. Robert Dehaney

MEMORANDUM

Robert Junior Dehaney appeals his jury conviction and sentence for use of a fraudulently obtained passport in violation of 18 U.S.C. § 1542, and aggravated identity-theft in violation of 18 U.S.C. § 1028A. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Read-back of Trial Testimony

Because Dehaney did not request a read-back instruction, we review for plain error his claim that the district court failed to admonish the jury not to accord undue weight to read-back testimony. United States v. Stinson, 647 F.3d 1196, 1217 (9th Cir.2011). Any error in failing to give the admonition we set forth in United States v. Newhoff, 627 F.3d 1163, 1168 (9th Cir.2010), ce rt. denied, — U.S. -, 131 S.Ct. 1838 , 179 L.Ed.2d 791 (2011), did not affect Dehaney’s substantial rights. The jury heard read-back testimony on the issue about which they inquired from both prosecution and defense witnesses, including direct and cross-examination, in open court, with counsel and the defendant present. Dehaney was not prejudiced by the failure to give a cautionary instruction regarding read-back testimony.

2. Imposition of a Four-Level Enhancement Under U.S.S.G. §…