United States v. Toshi Kazu Higa

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Toshi Kazu HIGA, Defendant-Appellant. No. 93-10282. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 22, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Toshi Kazu Higa appeals his conviction following a jury trial for embezzlement in violation of 18 U.S.C. Sec. 656 . Higa contends that: (1) the district court erred by excluding the testimony of Higa's wife regarding a bank account passbook belonging to the Higas during the time he was accused of embezzling funds; and (2) the evidence was insufficient to support the jury's guilty verdict. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. Exclusion of Testimony 3 Higa contends that the district court erred by refusing to admit evidence from Higa's wife on a bank passbook owned by the couple during the period Higa was accused of…