Davalos

United States v. Davalos

Good Law
4 F. App'x 361
United States Court of Appeals for the Ninth CircuitFebruary 14, 2001Nos. 99-10231, 99-10239; D.C. No. CR-97-01117-ACKCalifornia898 words

Opinion

Lead Opinion

MEMORANDUM

Francisco Davalos and Hector Lopez appeal their respective convictions and sentences, following a jury trial. Davalos was convicted of two counts of conspiracy to possess with intent to distribute heroin and two counts of causing the death of a person by carrying and using a firearm during and in relation to a drug trafficking crime. Lopez was convicted of two counts of conspiracy to possess with intent to distribute heroin, one count of causing the death of a person by carrying and using a firearm during and in relation to a drug trafficking crime, and one count of acting as an accessory after the fact. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Appellants argue that the district court erred when it admitted into evidence newspapers articles about the murders that were found in their Oldsmobile. They contend that the articles were hearsay and thus inadmissible. A district court’s evidentiary rulings during trial are reviewed *363 for abuse of discretion. See United States v. Ramirez, 176 F.3d 1179, 1182 (9th Cir. 1999). Appellants’ argument is without merit because the articles were not admitted to prove the truth of the matter asserted, and the…

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