United States v. Ricardo Cesar Diaz-Arismendi

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ricardo Cesar DIAZ-ARISMENDI, Defendant-Appellant. No. 93-10084. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 19, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ricardo Diaz-Arismendi appeals his conviction following jury trial for knowingly or recklessly transporting an illegal alien within the United States in violation of 8 U.S.C. Sec. 1324 (a)(1)(B). Diaz-Arismendi contends the district court abused its discretion by admitting (1) hearsay testimony and (2) prior inconsistent statements to impeach videotaped testimony by an unavailable witness. Diaz-Arismendi also contends the pre-trial deportation of a material witness violated his right to confrontation and due process. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * Background 4 On July 8, 1992, Diaz-Arismendi and…