Margarian

MEMORANDUM *

Anahit Margarían appeals her conviction for health care fraud and aiding and abetting, in violation of 18 U.S.C. §§ 1347 and 2. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Margarían challenges the district court’s ruling permitting the admission of evidence that she had taken a polygraph test. Evidence of polygraphs is generally disfavored by this court, see United States v. Bowen, 857 F.2d 1337, 1341 (9th Cir.1988); however, we have recognized a distinction between evidence pertaining to the actual polygraph test and results, and evidence that is unrelated to the substantive correctness of the results of the polygraph. Id. (acknowledging that polygraph evidence which is an operative fact may be admissible). The government did not seek to admit, nor did the district court allow, the admission of the test results or the specific questions and answers given. Rather, the court narrowly tailored the extent of admissible evidence to testimony regarding statements made by Margarían during the pre and post-test interviews. Because the probative value of the evidence outweighed the potential prejudice, the district court did not abuse its discretion…