McNease
United States v. McNease
Opinion
Lead Opinion
*254 MEMORANDUM **
Vincent Mark McNease (“McNease”) appeals his conviction for violating 21 U.S.C. §§ 841 , 952 and 960.
1. Any vouching on the part of the prosecutor was negated by the independent, overwhelming physical evidence of McNease’s guilt, United States v. Matthews, 240 F.3d 806, 818-19 (9th Cir.2000), and the district court’s curative instruction. United States v. Daas, 198 F.3d 1167, 1179 (9th Cir.1999). The district court did not abuse its discretion in denying McNease’s motion for a new trial.
2. Expert testimony to explain why customs inspectors do not check for fingerprints at the border was relevant and admissible to rebut defense arguments. See United States v. Murillo, 255 F.3d 1169, 1178 (9th Cir.2001). The district court did not abuse its discretion in admitting the expert testimony.
3. Evidence of McNease’s previous conviction was probative of knowledge or lack of mistake, and the district court properly instructed the jury as to the limited purpose for which the evidence was being admitted. See United States v. Hinton, 31 F.3d 817, 822 (9th Cir.1994). The district court did not abuse its discretion in admitting the evidence or in ruling that the…