Colon

United States v. Colon

Good Law
1 F. App'x 637
United States Court of Appeals for the Ninth CircuitJanuary 5, 2001No. 99-50570; D.C. No. CR-98-00132-GLTCalifornia646 words

Opinion

Lead Opinion

MEMORANDUM

Felix Colon was convicted by a jury of embezzling mail in violation of 18 U.S.C. § 1709 . His appellate counsel filed an appeal pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), identifying potential issues regarding Colon’s conviction. Our task is to determine whether there are any meritorious issues. See Anders, 386 U.S. at 744 . We conclude there are none, and accordingly, we affirm.

DISCUSSION

Colon objected to the Government’s request for a continuance to file a superseding indictment. We conclude that no reversible error occurred. Nothing in the record indicates that Colon was prejudiced by the continuance or by the filing of the superseding indictment. See United States v. Turner, 926 F.2d 883, 888-89 (9th Cir.1991) (reviewing record to determine if defendant’s rights were violated by filing of a superseding indictment). Moreover, the court dismissed the original indictment with prejudice.

Colon also objected to a number of the court’s evidentiary rulings. We agree with appellate counsel, however, that none of the rulings created reversible error. Testimony regarding uncharged conduct was admissible because it is…

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