United States v. Todd Paaaina

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Todd PAAAINA, Defendant-Appellant. No. 93-10766. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 31, 1994. Decided Dec. 14, 1994. Before: BROWNING, TROTT, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * I. Admission of the Gun 2 The trial court's admission of the gun was not an abuse of discretion. The testimony of the ballistics expert established the gun was used during the third robbery, and other evidence, such as the witness identifications, supported a finding that Paaaina fired the gun at this same robbery. See United States v. Browne, 829 F.2d 760, 766 (9th Cir.1987) (upholding admission of gun because witnesses had linked the gun to the robbery in question); United States v. Johnson, 637 F.2d 1224, 1247 (9th Cir.1980) (holding an ax had been properly authenticated because a "reasonable juror could have found that [the] ax was the…