Lira

United States v. Lira

Good Law
5 F. App'x 646
United States Court of Appeals for the Ninth CircuitFebruary 27, 2001No. 00-50299; D.C. No. CR-99-00233-DDP-01California507 words

Opinion

Lead Opinion

MEMORANDUM *

OVERVIEW

DefendanL-Appellant Enrique Lira appeals his conviction and seventy-month sentence after being convicted by a jury for violating federal narcotics and money laundering laws. Because the parties are familiar with the facts of this case, we will not repeat them here. We have jurisdiction under 28 U.S.C. § 1291 , and AFFIRM Lira’s conviction.

DISCUSSION

Whether the district court properly construed the hearsay rule is a question of law reviewed de novo. United States v. Olafson, 218 F.3d 435, 441 (9th Cir.2000). The district court’s decisions to admit evidence under exceptions to the hearsay rule are reviewed for an abuse of discretion. United States v. Scholl, 166 F.3d 964, 978 (9th Cir.1999).

Lira contends that the testimony of Agent O’Donnell concerning Lira’s alleged admission during his post-arrest interrogation to knowing the intended use of the freon was impermissible hearsay. Specifically, Lira argues that because his post-arrest statements were made in Spanish, and Agent O’Donnell cannot speak Spanish, Agent O’Donnell was necessarily testifying to what Agent Solorio told him Lira said. Lira’s argument is built upon a false premise. Not all of…

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