Saenz
United States v. Saenz
Opinion
Lead Opinion
Pregerson, J.
Oscar Saenz appeals his jury conviction for assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. §§ 1153 and 113(a)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 ,. and because of an intervening and recent en banc decision, United States v. James, 169 F.3d 1210 (9th Cir.1999) (eri banc), unavailable to the district court at the time of its ruling, we reverse Saenz’s conviction.
FACTS AND PRIOR PROCEEDINGS
Saenz was indicted on a single count of assault with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C. §§ 1153 and 113(a).
Before trial, Saenz gave the government notice that he would introduce the following self-defense evidence: (1) that the victim had bragged to him about his fighting prowess; (2) that he was aware, at the time the assault was committed, that the victim had recently been carrying brass knuckles and a piece of pipe for the purposes of assaulting a relative; and (3) that he had, on the day of the assault, refused to participate in a series of illegal activities initiated by the victim. The government filed a motion in limine to preclude the proffered evidence under Rule 404(b). Saenz opposed…