United States v. Silas Valdez

86 F.3d 1165 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Silas VALDEZ, Defendant-Appellant. No. 95-10212. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. Decided May 23, 1996. Before: FLETCHER, D.W. NELSON, and CANBY, Circuit Judges. 1 MEMORANDUM * 2 We affirm the district court's judgment and sentence. 3 The tape recordings at issue were cumulative and thus properly excluded under FedR.Evid. 403. Moreover, even without the tapes, the jury had sufficient information upon which to make a discriminating appraisal of the testimony of the co-conspirators. United States v. Brown, 936 F.2d 1042, 1048-49 (9th Cir.1991). In addition, because the matters at issue were of minimal relevance, the judge acted within his discretion in refusing to allow Valdez to use these tapes to refresh Agent Dinlocker's memory. Fed.R.Evid. 403. 4 The judge did not err in limiting the cross-examination of Agent…