Ambriz-Vasquez

United States v. Ambriz-Vasquez

Good Law
34 F. App'x 356
United States Court of Appeals for the Ninth CircuitMay 2, 2002No. 01-10144; D.C. CR-20175-RMWCalifornia1,215 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-appellant Roberto AmbrizVasquez appeals his conviction for being found in the United States following deportation due to an aggravated felony conviction, in violation of 8 U.S.C. § 1326 (b)(2), on the ground that the trial court admitted improper evidence against him. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Because the parties are familiar with the facts of this case, we will discuss them only insofar as they are relevant to our decision.

I

We review evidentiary rulings of the district court for abuse of discretion. United States v. Hernandez, 109 F.3d 1450, 1452 (9th Cir.1997) (per curiam). “Evidentiary rulings will be reversed for abuse of discretion only if such nonconstitutional error more likely than not affected the verdict.” United States v. Hankey, 203 F.3d 1160, 1167 (9th Cir.), cert. denied, 530 U.S. 1268 , 120 S.Ct. 2733 , 147 L.Ed.2d 995 (2000).

“Because corroboration of a defendant’s admission is a mixed question of law and fact that is primarily factual, we review for clear error.” United States v. Hernandez, 105 F.3d 1330,1332 (9th Cir.), cert. denied, 522 U.S. 890 , 118 S.Ct. 227 , 139 L.Ed.2d 160…

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