United States v. Naron K. Celestine, AKA Keith Madden AKA Cold

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Naron K. CELESTINE, aka Keith Madden aka Cold, Defendant-Appellee. No. 95-30238. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 17, 1996. Before: WRIGHT, PREGERSON and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 The district court entered an order in limine excluding evidence of cocaine and drug paraphernalia in Celestine's retrial for assaulting United States marshals and maintaining a place for distribution of cocaine. We have jurisdiction over the government's timely appeal pursuant to 18 U.S.C. § 3731 . We affirm. 3 We will not repeat the facts here because the parties are familiar with them. The government argues that the district court erred in determining that Fed.R.Evid. 403 required exclusion of the cocaine evidence, contending that the court based this determination on an erroneous application of collateral…