United States v. Lucio Lomali-Vasquez

67 F.3d 310 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lucio LOMALI-VASQUEZ, Defendant-Appellant. No. 95-50088. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1995. Decided Sept. 28, 1995. As Amended on Denial of Rehearing Dec. 22, 1995. 1 Before: BROWNING and PREGERSON, Circuit Judges, and TANNER, * District Judge. 2 MEMORANDUM ** I. Admission of the TECS Report 3 Appellant Lucio Lomali-Vasquez challenges the lower court's decision to admit a TECS report showing the number of times his car crossed the border in the weeks preceding his arrest. Lomali characterizes the TECS report as irrelevant and prejudicial and argues that it should not have been admitted as rebuttal evidence. He also argues that the report was used to impeach defense witnesses on collateral issues in violation of Federal Rule of Evidence 608(b). Reviewing the district court's decision under an abuse of discretion…