Woodall

United States v. Woodall

Good Law
23 F. App'x 765
United States Court of Appeals for the Ninth CircuitDecember 3, 2001No. 00-50754; D.C. No. CR-00-01768-HCalifornia704 words

Opinion

Lead Opinion

MEMORANDUM *

Shawn Woodall appeals his conviction for bringing illegal aliens into the United States for financial gain and without presentation in violation of 8 U.S.C. §§ 1324 (a)(2)(B)(ii) & (iii). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

*766 Woodall first argues that the district court erroneously admitted the opinion testimony of Immigration Inspector Janet Gale. At trial, the prosecution asked Inspector Gale to describe Woodall’s tone of voice during a post-arrest phone conversation between Woodall and his wife. Inspector Gale responded: “[n]ot panic stricken. That’s when I totally discounted his story.” The admission into evidence of Inspector Gale’s response stating that she “totally discounted [Woodall’s] story” was error because “opinion evidence regarding a witness’ credibility is inadmissible.” United States v. Sanchez-Lima, 161 F.3d 545, 548 (9th Cir.1998); see also United States v. Awkard, 597 F.2d 667, 671 (9th Cir.1979) (“Under the Federal Rules, opinion testimony on credibility is limited to character; all other opinions on…

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