United States v. Walter Wayne Waldron, Jr.

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Walter Wayne WALDRON, Jr., Defendant-Appellant. No. 95-10429. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1996. Decided May 1, 1996. Before: HUG, Chief Judge, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Walter Wayne Waldron, Jr. appeals his jury conviction for transporting monetary instruments and failing to report. See 31 U.S.C. §§ 5316 and 5322. He contends that the district court abused its discretion when it admitted evidence that he had escaped from prison only hours prior to his arrest and when it denied his motion for a mistrial based upon prosecutorial misconduct. Waldron also contends that the district court erred when it instructed the jury that the burden of persuasion in the forfeiture portion of the proceeding was preponderance of the evidence rather than beyond a reasonable doubt. We affirm. 3…