United States v. Jaime Rodriguez-Roncancio

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jaime RODRIGUEZ-RONCANCIO, Defendant-Appellant. No. 93-50664. United States Court of Appeals, Ninth Circuit. Submitted Aug. 4, 1994. * Decided Aug. 8, 1994. 1 Before: BROWNING, FARRIS, and LEAVY, Circuit Judges 2 MEMORANDUM ** I. Pretrial Identification 3 Rodriguez-Roncancio can not challenge the admission of the pretrial identification since Rodriguez-Roncancio, not the government, introduced the evidence. See United States v. Miller, 771 F.2d 1219, 1234 (9th Cir.1985) (appellant can not challenge testimony elicited on cross-examination by defense counsel). II. Cross Examination 4 The district court did not abuse its discretion by prohibiting Rodriguez-Roncancio from cross-examining Perez about a prior misidentification of a different suspect. Contrary to Rodriguez-Roncancio's assertion, the court did not prohibit cross-examination "on the issue of Perez's ability…