United States v. Christopher Inoue

MEMORANDUM

Defendant Christopher Inoue (“Inoue”) appeals his conviction and 144-month sentence for conspiracy to commit an assault with a dangerous weapon, with intent to do bodily harm, and to commit an assault resulting in serious bodily injury, in violation of 18 U.S.C. § 371 ; assault with a dangerous weapon, with intent to do bodily harm, in violation of 18 U.S.C. § 113 (a)(3); and assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113 (a)(6). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1. The district court did not abuse its discretion in admitting color photographs of the victim’s injuries. The photographs were not unfairly prejudicial and were highly probative of several material issues in dispute. See Fed.R.Evid. 403; see also United States v. Brady, 579 F.2d 1121, 1129 (9th Cir.1978) (victim photographs are “inadmissible only when the picture is of such gruesome and horrifying nature that its probative value is outweighed by the danger of inflaming the jury.”) (internal citation omitted).

2. The district court did not abuse its discretion in admitting out-of-court statements into evidence as non-hearsay…